Guard-Tec Terms of Service

Last Updated: January 12, 2023

These Terms of Service constitute a legally binding agreement (the “Agreement”) between you and Guard-Tec, LLC., its parents, subsidiaries, representatives, affiliates, officers and directors (collectively, “Guard-Tec,” “we,” “us” or “our”) governing your use of the Guard-Tec applications, websites, technology, facilities, and platform (collectively, the “Guard-Tec Platform”).

PLEASE BE ADVISED: THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS BETWEEN YOU AND GUARD-TEC CAN BE BROUGHT (SEE SECTION 17 BELOW). THESE PROVISIONS WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO: (1) WAIVE YOUR RIGHT TO A JURY TRIAL, AND (2) SUBMIT CLAIMS YOU HAVE AGAINST GUARD-TEC TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, GROUP OR REPRESENTATIVE ACTION OR PROCEEDING.

AS A Service Provider OR Service Provider APPLICANT, YOU HAVE AN OPPORTUNITY TO OPT OUT OF ARBITRATION WITH RESPECT TO CERTAIN CLAIMS AS PROVIDED IN SECTION 17.

By entering into this Agreement, and/or by using or accessing the Guard-Tec Platform, you expressly acknowledge that you understand this Agreement (including the dispute resolution and arbitration provisions in Section 17) and accept all of its terms. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE GUARD-TEC PLATFORM OR ANY OF THE SERVICES PROVIDED THROUGH THE GUARD-TEC PLATFORM. If you use the Guard-Tec Platform in another country, you agree to be subject to Guard-Tec’s terms of service for that country. If you are accessing or using the Guard-Tec Platform to access or use Guard-Tec Business services on behalf of an organization contracted with Guard-Tec, and you are not accessing or using the Guard-Tec Platform as a Client / User or Services Provider, your access and use is governed by the contract between Guard-Tec and your organization.

When using the Guard-Tec Platform, you also agree to conduct yourself in accordance with our Community Guidelines, which shall form part of this Agreement between you and Guard-Tec.

The Guard-Tec Platform

The Guard-Tec Platform provides a marketplace where, among other things, persons who seek security services to certain locations/destinations (“Client / Users”) can be matched with the preferred security service options to the location. One option for Clients / Users is to request a service from the services provider who will be providing services to that location (“Services Providers”). Service Providers, Client / Users, and any other individuals, excluding any Excluded Individuals, using the Guard-Tec Platform are collectively referred to herein as “Clients / Users,” and the security Services Provided by Services Providers to Client / Users, and other security related Services Provided by Services Providers in connection with the Guard-Tec Platform, shall be referred to herein as “Threat Management Services.” “Guard-Tec Services” shall include any service provided by Guard-Tec pursuant to the Guard-Tec Platform (for clarity, Guard-Tec Services does not include Threat Management Services or Third-Party Services). As a User, you authorize Guard-Tec to match and/or re-match you with a Services Providers or Client / Users based on factors such as your security needs, location, the requested services location, the estimated start time and end time of services, your location/destination, User preferences, of services, or Services Provider, membership status, regulatory or other third-party requirements, user statistics, and platform efficiency, and to cancel an existing match based on the same or other considerations. Any decision by a User to offer or accept Threat Management Services is a decision made in such User’s sole discretion. A separate agreement is formed between Services Providers and Client / Users when the Client / User accepts the Threat Management Services offered by the Services Provider. As used herein, “Excluded Individuals” means any individual who is registering to use the Guard-Tec Platform or whose use of the Guard-Tec Platform is on behalf of an organization contracted with Guard-Tec, except as a Client / User or Services Provider.

In any case, your use of Guard-Tec Services through the Guard-Tec Platform may be subject to additional agreements between you and Guard-Tec as applicable to the particular service in the particular market (“Supplemental Agreements”). Please review any applicable Supplemental Agreements carefully. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF A SUPPLEMENTAL AGREEMENT, USE GUARD-TEC SERVICES IN SUCH MARKET. In the event of any conflict between this Agreement and the terms and conditions of any Supplemental Agreement, the terms of this Agreement shall control, unless such Supplemental Agreement specifically states otherwise.

Modification to the Agreement

Guard-Tec reserves the right to modify the terms and conditions of this Agreement, and such modifications shall be binding on you only upon your acceptance of the modified Agreement. Guard-Tec reserves the right to modify any information on pages referenced in the hyperlinks from this Agreement from time to time, and such modifications shall become effective upon posting. Continued use of the Guard-Tec Platform after any such changes shall constitute your acceptance of such changes. Unless material changes are made to the arbitration provisions herein, you agree that modification of this Agreement does not create a renewed opportunity to opt out of arbitration (if applicable).

Eligibility

The Guard-Tec Platform may only be used by individuals who have the right and authority to enter into this Agreement and are fully able and competent to satisfy the terms, conditions, and obligations herein. The Guard-Tec Platform is not available to Users who have had their Users account temporarily or permanently deactivated. You may not allow other persons to use your User account, you agree that you are the sole authorized user of your User account, and you may not use your User account on behalf of any third party, except as otherwise expressly permitted by Guard-Tec. To use the Guard-Tec Platform, each User shall create a User account. Each person may only create one User account, and Guard-Tec reserves the right to deactivate any additional or duplicate accounts. Your participation in certain Guard-Tec programs and use of certain Guard-Tec services may be subject to additional eligibility requirements as determined by Guard-Tec.

By becoming a User, you represent and warrant that you are at least 18 years old. Notwithstanding the foregoing, if you are the parent or legal guardian of a 16 or 17-year old minor you may create a User account for such minor to use the Guard-Tec Platform subject to the following requirements and restrictions: (a) you ensure that the minor’s use of the Guard-Tec Platform is limited solely to accessing and using Guard-Tec Services and/or Third-Party Services where expressly permitted under the Supplemental Agreement applicable to such Guard-Tec Services and/or Third-Party Services, (b) you determine that the Guard-Tec Services and/or Third-Party Services are suitable for the minor, (c) you ensure that the minor’s use of the Guard-Tec Platform and applicable Guard-Tec Services and/or Third-Party Services is done in compliance and acknowledgement of all applicable safety instructions and warnings in this Agreement, any applicable Supplemental Agreements, and the Guard-Tec Platform, (d) you ensure that the minor does not request or accept any Threat Management Services unless accompanied by you or an authorized guardian, and (e) you explain the terms of this Agreement to the minor. For clarity, no unaccompanied User under 18 years old may not request services.

By creating a User account for such minor, you hereby give permission and consent to the Agreement on the minor’s behalf, you expressly guarantee the minor’s acceptance, and your own acceptance, of the terms of this Agreement, and you shall assume any and all responsibility and liability for the minor’s use of the Guard-Tec Platform as provided by the terms of this Agreement and any applicable Supplemental Agreements. You will be responsible for any breach of the above representations, warranties and/or this Agreement, and/or any attempt of the minor to disaffirm this Agreement. Furthermore, you hereby represent that you are fully authorized to execute this Agreement on behalf of yourself and all other parents or legal guardians of the minor rider.

Charges

As a User, you understand that request or use of Threat Management Services, Guard-Tec Services, or Third-Party Services may result in charges (“Charges”) to you and/or to an organization, if applicable. Charges to Client / Users and/or organizations, if applicable, for Threat Management Services include Services Fees (defined below) and other applicable fees, surcharges, and taxes, including as set forth on your market’s Guard-Tec Cities page (“Guard-Tec Cities Page”), plus any tips to the Services Provider that you elect to pay. Guard-Tec has the authority and reserves the right to determine and modify pricing by posting applicable pricing terms to your market’s Guard-Tec Cities Page or quoting you a price for a specific services at the time you make a request. Pricing may vary based on the type of service you request (e.g., Armed, Un-armed, Off Duty Officer, Event / Bouncer, Bodyguard, Executive Protection, K9, Alarm response, and Mobile Patrol) as described on your market’s Guard-Tec Cities Page or within the Guard-Tec Platform. You are responsible for reviewing the applicable Guard-Tec Cities Page or price quote within the Guard-Tec Platform and shall be responsible for all Charges and liability incurred under your User account regardless of your awareness of such Charges or the amounts thereof.

Threat Management services fees (“Services Fees”). There are two types of Services fees, quoted and variable.

Quoted Services fees. When you make a services request using the Guard-Tec Platform, Guard-Tec will quote you a Fee at the time of your request. The quote is subject to change until the services request is confirmed. If your services location/destination is not the same as the services location/destination in your services request, or the time or distance of your services differs substantially from your quoted services fee, or if you attempt to abuse the Guard-Tec Platform, we may, at Guard-Tec’s sole discretion and determination, cancel the Fee quote and charge you a variable services fee as described below. Guard-Tec does not guarantee that the quoted services price will be equal to a variable fare for the same services. Quoted fees may include the Threat Management Service Fees and Other Charges below, as applicable.
Variable Services fees. Variable fees consist of a base charge and incremental charges based on the time and distance of your services. For particularly short services, 4 hour minimum services fees may apply. Please note that we use GPS data from your Services Provider’s phone to calculate the services. We cannot guarantee the availability or accuracy of fee data. In addition to the variable fees, the total cost of your services may include the Threat Management Service Fees and Other Charges below, as applicable.

Threat Management Service Fees and Other Charges.

Service Fee. Guard-Tec may charge a “Service Fee” for each service, as set forth on the applicable Guard-Tec Cities Page.
Prime Time. At certain times, including times of high demand for Threat Management Services (“Prime Time”), you acknowledge that Charges may increase substantially. For quoted fares, we may factor Prime Time increases into the quoted price of the services.
Executive Protection / Pickup. In some cases, you may be able to select an expected pick up that is faster or slower than standard for a higher or lower fees, respectively.
Cancellation Fee. After requesting services, you may cancel it through the Guard-Tec Platform, but note that in certain cases a cancellation fee may apply. Guard-Tec may also charge a fee if you fail to show up on site after requesting services. Please check out our Help Center to learn more about Guard-Tec’s cancellation policy.
Damage Fee. If a Services Provider reports that you have materially damaged the Service Provider's uniform or vehicle, you agree to pay a “Damage Fee” of up to $250 depending on the extent of the damage (as determined by Guard-Tec in its sole discretion), towards uniform replacement or vehicle repair or cleaning. Guard-Tec reserves the right (but is not obligated) to verify or otherwise require documentation of damages prior to processing the Damage Fee.
Abuse Fee. If we receive a credible report that you have misused or abused the Guard-Tec Platform, you agree to pay an “Abuse Fee” of up to $250 as determined by Guard-Tec in its sole discretion. Guard-Tec reserves the right (but is not obligated) to verify or otherwise require documentation of abuse prior to processing the Abuse Fee.
Other Charges. Other fees and surcharges may apply to your services, including, but not limited to: actual or anticipated airport fees, state fees, local fees, event fees, fuel surcharges, wait time fees, or distance surcharges as determined by Guard-Tec or its marketing partners. In addition, where required by law Guard-Tec will collect applicable taxes. See your market’s Guard-Tec Cities Page for information on other Charges that may apply to your services.
Tips. Following after services, you may have the opportunity to elect to tip your Service Provider in cash or through the Guard-Tec Platform. You may also elect to set a default tip amount or percentage through the Guard-Tec Platform. Any tips will be provided entirely to the applicable Services Provider.

Charges Generally.

Facilitation of Charges. All Charges are facilitated through a third-party payment processor (First Data, Stripe, Inc., Braintree, a division of PayPal, Inc., etc.). Guard-Tec may replace its third-party payment processor without notice to you. With the exception of tips and the purchase of Guard-Tec Cash, cash payments are strictly prohibited unless expressly permitted by Guard-Tec. Your payment of Charges to Guard-Tec satisfies your payment obligation for your use of the Guard-Tec Platform, Guard-Tec Services, Third-Party Services, and Threat Management Services. Certain Charges may be collectively billed as a single purchase transaction to your selected payment method based on the payment frequency indicated in your settings. If your primary payment method expires, is invalid, or if Charges to your primary payment method are unable to be processed for whatever reason, then you agree that Guard-Tec may charge your other available payment methods in the Guard-Tec Platform. If you don't recognize a transaction, then check your service receipts and payment history.
No Refunds. All Charges are non-refundable except to the extent required by law. This no-refund policy shall apply at all times regardless of your decision to terminate usage of the Guard-Tec Platform, any disruption to the Guard-Tec Platform, Guard-Tec Services, Third-Party Services, or Threat Management Services, or any other reason whatsoever.
Coupons. You may receive coupons, credits, discounts, or other promotions (collectively, “Coupons”) that you can apply toward payment of certain Charges. Coupons are valid only for use on the Guard-Tec Platform, and are not transferable or redeemable for cash except as required by law. Coupons cannot be combined unless expressly provided otherwise, and if the cost of your Charges exceeds the applicable Coupon value, we may charge your payment method on file for the Charges in excess of the Coupon amount. With respect to Services fees, Guard-Tec may deduct the amount attributable to the Service Fee, Tolls, or Other Charges before application of the Coupon. Additional restrictions on Coupons may apply as communicated to you in a relevant promotion or by clicking on the relevant Coupon within the Rewards section of the Guard-Tec Platform.
Supplemental Charges. Charges related to Guard-Tec Services (including the rental of any equipment or signage) may be further detailed in the applicable Supplemental Agreement.
Third-Party Charges. If you choose to purchase Third-Party Services (described further in Section 20) through the Guard-Tec Platform, you authorize your payment method on file to be charged according to the pricing terms set by Guard-Tec or the third-party provider, or as otherwise provided in the terms of the purchased services.
Payment Card Authorization. Upon addition of a new payment method or each request for Guard-Tec Services, Threat Management Services, or Third-Party Services, Guard-Tec may seek authorization of your selected payment method to verify the payment method, ensure the Charges will be covered, and protect against unauthorized behavior. The authorization is not a charge; however, it may reduce your available credit by the authorization amount until your bank’s next processing cycle. Should the amount of our authorization exceed the total funds on deposit in your account, you may be subject to overdraft of NSF charges by the bank issuing your debit or prepaid card. Guard-Tec is not responsible for these charges and is unable to assist you in recovering them from your issuing bank. Check out our Help Center to learn more about our use of pre-authorization holds.

For clarity, Guard-Tec does not charge a fee for Users to access the Guard-Tec Platform, but retains the right to charge Users and/or organizations, if applicable, a fee or any other Charge for accessing or using Guard-Tec Services, Threat Management Services, or Third-Party Services made available through the Guard-Tec Platform.

Services Provider Payments

If you are a Services Provider, you will receive payment for your provision of Threat Management Services pursuant to the terms of the Services Provider Addendum, which shall form part of this Agreement between you and Guard-Tec.

Guard-Tec Communications

By entering into this Agreement or using the Guard-Tec Platform, you agree to receive communications from us, our affiliates, or our third-party partners, at any of the phone numbers provided to Guard-Tec by you or on your behalf, and also via email, text message, calls, and push notifications. You agree that texts, calls or prerecorded messages may be generated by automatic telephone dialing systems. Communications from Guard-Tec, its affiliated companies and/or Services Providers may include but are not limited to: operational communications concerning your User account or use of the Guard-Tec Platform, Guard-Tec Services, Third-Party Services or Threat Management Services, updates concerning new and existing features on the Guard-Tec Platform, communications concerning marketing or promotions run by us or our third-party partners, and news concerning Guard-Tec and industry developments. If you change or deactivate the phone number you provided to Guard-Tec, you agree to update your User account information to help prevent us from inadvertently communicating with anyone who acquires your old number. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send.

IF YOU WISH TO OPT OUT OF PROMOTIONAL EMAILS, YOU CAN UNSUBSCRIBE FROM OUR PROMOTIONAL EMAIL LIST BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE PROMOTIONAL EMAIL ITSELF. IF YOU WISH TO OPT OUT OF PROMOTIONAL CALLS OR TEXTS, YOU MAY TEXT “END” TO 00000 FROM THE MOBILE DEVICE RECEIVING THE MESSAGES. YOU ACKNOWLEDGE THAT YOU ARE NOT REQUIRED TO CONSENT TO RECEIVE PROMOTIONAL TEXTS OR CALLS AS A CONDITION OF USING THE GUARD-TEC PLATFORM OR RELATED SERVICES. IF YOU WISH TO OPT OUT OF ALL TEXTS OR CALLS FROM GUARD-TEC (INCLUDING OPERATIONAL OR TRANSACTIONAL TEXTS OR CALLS), YOU CAN TEXT THE WORD “STOPALL” FROM THE MOBILE DEVICE RECEIVING THE MESSAGES; HOWEVER, YOU ACKNOWLEDGE THAT OPTING OUT OF RECEIVING ALL TEXTS MAY IMPACT YOUR USE OF THE GUARD-TEC PLATFORM OR RELATED SERVICES. WHEN YOU OPT OUT TEXTS OR CALLS, YOU MAY RECEIVE A ONE-TIME OPT-OUT CONFIRMATION TEXT MESSAGE. NO FURTHER MESSAGES WILL BE SENT TO YOUR MOBILE DEVICE, UNLESS INITIATED BY YOU. FOR COMMUNICATION SERVICE SUPPORT OR ASSISTANCE, PLEASE VISIT OUR HELP CENTER.

Your Information

Your Information is any information you provide, publish or post, and any information provided on your behalf, to or through the Guard-Tec Platform (including any profile information you provide) or send to other Users (including via in-application feedback, any email feature, or through any Guard-Tec-related Facebook, Twitter or other social media posting) (your “Information”). You consent to us using your Information to create a User account that will allow you to use the Guard-Tec Platform, Guard-Tec Services, and participate in the Threat Management Services. Our collection and use of personal information in connection with the Guard-Tec Platform, Guard-Tec Services, and Threat Management Services is as provided in Guard-Tec’s Privacy Policy. You are solely responsible for your Information and your interactions with other members of the public, and we act only as a passive conduit for your online posting of your Information. You agree to provide and maintain accurate, current and complete Information and that we and other members of the public may rely on your Information as accurate, current and complete. To enable Guard-Tec to use your Information for the purposes described in the Privacy Policy and this Agreement, or to otherwise improve the Guard-Tec Platform, Guard-Tec Services, or Threat Management Services you grant to us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sub-licensable (through multiple tiers) right and license to exercise the copyright, publicity, and database rights you have in your Information, and to use, copy, perform, display and distribute such Information to prepare derivative works, or incorporate into other works, such Information, in any media now known or not currently known. Guard-Tec does not assert any ownership over your Information; rather, as between you and Guard-Tec, subject to the rights granted to us in this Agreement, you retain full ownership of all of your Information and any intellectual property rights or other proprietary rights associated with your Information.

Promotions, Referrals, and Loyalty Programs

Guard-Tec, at its sole discretion, may make available promotions, referral programs and loyalty programs with different features to any Users or prospective Users. Guard-Tec reserves the right to withhold or deduct credits or benefits obtained through a promotion or program in the event that Guard-Tec determines or believes that the redemption of the promotion or receipt of the credit or benefit was in error, fraudulent, illegal, or in violation of the applicable promotion or program terms or this Agreement. Guard-Tec reserves the right to terminate, discontinue, modify or cancel any promotions or programs at any time and in its sole discretion without notice to you.

Guard-Tec’s referral program may provide you with incentives to refer your friends and family to become new Users of the Guard-Tec Platform in your country (the “Referral Program”). Your participation in the Referral Program is subject to this Agreement and the additional Referral Program rules.

Restricted Activities

With respect to your use of the Guard-Tec Platform, Guard-Tec Services, Third-Party Services, and your participation in the Threat Management Services, you agree that you will not:

impersonate any person or entity;
stalk, threaten, or otherwise harass any person, or carry any weapons;
violate any law, statute, rule, permit, ordinance or regulation;
interfere with or disrupt the Guard-Tec Platform or the servers or networks connected to the Guard-Tec Platform;
post Information or interact on the Guard-Tec Platform, Guard-Tec Services, Third-Party Services, or Threat Management Services in a manner which is fraudulent, libelous, abusive, obscene, profane, sexually oriented, harassing, or illegal;
use the Guard-Tec Platform in any way that infringes any third party’s rights, including: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of the Guard-Tec Platform or any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Guard-Tec Platform;
“frame” or “mirror” any part of the Guard-Tec Platform, without our prior written authorization or use meta tags or code or other devices containing any reference to us in order to direct any person to any other website for any purpose;
modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Guard-Tec Platform;
rent, lease, lend, sell, redistribute, license or sublicense the Guard-Tec Platform or access to any portion of the Guard-Tec Platform;
use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, “data mine”, copy, access, acquire information, generate impressions or clicks, input or store information, search, monitor any portion of the Guard-Tec Platform, or in any way reproduce or circumvent the navigational structure or presentation of the Guard-Tec Platform or its contents;
link directly or indirectly to any other websites;
transfer, lend, or sell your User account, password and/or identification, or any other User’s Information to any other party;
use a false email address or other identifying information, impersonate or misrepresent any person or entity, or your affiliation with any person or entity, or otherwise omit, misrepresent, or mislead as to the origin or source of any entity accessing the Guard-Tec Platform;
discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity or expression, physical or mental disability, medical condition, marital status, age or sexual orientation;
violate any of the Referral Program rules if you participate in the Referral Program;
commercialize the Threat Management Services, Third-Party Services, or our Guard-Tec Services without an agreement directly with Guard-Tec;
misuse or abuse the Threat Management Services, Third-Party Services, or our Guard-Tec Services in violation of eligibility requirements as determined by Guard-Tec;
violate Guard-Tec’s Policy Against Sexual Assault, Misconduct, and Harassment;
circumvent any measures implemented by Guard-Tec to prevent or address violations of this Agreement; or
cause any third party to engage in the restricted activities above.

Should you suspect that any unauthorized party may be using your User account or you suspect any other breach of security or violation of this Agreement, you agree to notify us immediately.

Services Provider Representations, Warranties and Agreements

By providing Threat Management Services as a Services Provider on the Guard-Tec Platform, you represent, warrant, and agree that:

You possess a valid state, or government identification, and medically fit to provide services needed from this platform along with being able to provide services to Client / Users in all jurisdictions in which you provide Threat Management Services to.
You own, or have the legal right to operate, the vehicle you use when providing Threat Management Services; such vehicle is in good operating condition and meets the industry safety standards and all applicable statutory and state department of motor vehicle requirements for a vehicle of its kind; and any and all applicable safety recalls have been or will be remedied per manufacturer instructions.
You will not engage in reckless behavior while on site or otherwise providing any Threat Management Services, drive unsafely, operate a vehicle that is unsafe to drive, permit an unauthorized third party to accompany you in the vehicle while providing any Threat Management Services, You will not provide any Threat Management Services as a Services Provider while under the influence of alcohol or drugs, or take action that harms or threatens to harm the safety of the Guard-Tec community or third parties.
You will only provide Threat Management Services using the provided uniform or vehicle that has been approved by Guard-Tec, and you will not transport more passengers than you can securely be seated in such vehicle (and no more than four (4) passengers in any instance).
You will not, while providing any Threat Management Services, operate as a public or common carrier or taxi service, accept street hails, charge for rides (except as expressly provided in this Agreement), demand that a client pay in cash, or use a credit card reader, such as a Square Reader, to accept payment or engage in any other activity in a manner that is inconsistent with your obligations under this Agreement.
You will not attempt to defraud Guard-Tec or Client / Users on the Guard-Tec Platform or in connection with your provision of Threat Management Services. If we suspect that you have engaged in fraudulent activity, we may withhold applicable Services fees or other payments for service(s) in question and take any other action against you available under the law.
You will not discriminate against Client / Users with disabilities and agree to review Guard-Tec’s Anti-Discrimination Policies. You will make reasonable accommodations as required by law and our Service Animal Policy and Wheelchair Policy for Client / Users who request service.
You agree that we may obtain information about you, including your criminal and driving records, and you agree to provide any further necessary authorizations to facilitate our access to such records during the term of the Agreement.
You have a valid policy of liability insurance (in coverage amounts consistent with all applicable legal requirements) that names or schedules you for the operation you use to provide any Threat Management Services, and you agree to provide proof of such insurance and that information regarding such insurance may be released to Guard-Tec upon Guard-Tec’s reasonable request.
You will pay all applicable federal, state and local taxes based on your provision of Threat Management Services and any payments received by you.
You will comply with Guard-Tec’s reasonable requests to provide information in connection with Client / User complaints, law enforcement requests, or any other incident.

Intellectual Property

All intellectual property rights in and to the Guard-Tec Platform shall be owned by Guard-Tec absolutely and in their entirety. These rights include database rights, inventions and patentable subject-matter, patents, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same. All other trademarks, logos, service marks, company or product names set forth in the Guard-Tec Platform are the property of their respective owners. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information (“Submissions”) provided by you to us are non-confidential and shall become the sole property of Guard-Tec. Guard-Tec shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. Except for the explicit license grants hereunder, nothing in this Agreement shall be construed to transfer ownership of or grant a license under any intellectual property rights.

GUARD-TEC and other Guard-Tec logos, designs, graphics, icons, scripts and service names are registered trademarks, trademarks or trade dress of Guard-Tec in the United States and/or other countries (collectively, the “Guard-Tec Marks”). If you provide Threat Management Services as a Services Provider, Guard-Tec grants to you, during the term of this Agreement, and subject to your compliance with the terms and conditions of this Agreement, a limited, revocable, non-exclusive license to display and use the Guard-Tec Marks solely on the Guard-Tec stickers/decals, and any other Guard-Tec-branded items provided by Guard-Tec directly to you in connection with providing the Threat Management Services (“License”). The License is non-transferable and non-assignable, and you shall not grant to any third party any right, permission, license or sublicense with respect to any of the rights granted hereunder without Guard-Tec’s prior written permission, which it may withhold in its sole discretion. The Guard-Tec logo (or any Guard-Tec Marks) may not be used in any manner that is likely to cause confusion, including but not limited to: use of a Guard-Tec Mark in a domain name or Guard-Tec referral code, or use of a Guard-Tec Mark as a social media handle or name, avatar, profile photo, icon, favicon, or banner. You may identify yourself as a Services Provider on the Guard-Tec Platform, but may not misidentify yourself as Guard-Tec, an employee of Guard-Tec, or a representative or agent of Guard-Tec.

You acknowledge that Guard-Tec is the owner and licensor of the Guard-Tec Marks, including all goodwill associated therewith, and that your use of the Guard-Tec logo (or any Guard-Tec Marks) will confer no interest in or ownership of the Guard-Tec Marks in you but rather inures to the benefit of Guard-Tec. You agree to use the Guard-Tec logo strictly in accordance with Guard-Tec’s Brand Guidelines, as may be provided to you and revised from time to time, and to immediately cease any use that Guard-Tec determines to be nonconforming or otherwise unacceptable.

You agree that you will not: (1) create any materials that use the Guard-Tec Marks or any derivatives of the Guard-Tec Marks as a trademark, service mark, trade name or trade dress, other than as expressly approved by Guard-Tec in writing; (2) use the Guard-Tec Marks in any way that tends to impair their validity as proprietary trademarks, service marks, trade names or trade dress, or use the Guard-Tec Marks other than in accordance with the terms, conditions and restrictions herein; (3) take any other action that would jeopardize or impair Guard-Tec’s rights as owner of the Guard-Tec Marks or the legality and/or enforceability of the Guard-Tec Marks, including, challenging or opposing Guard-Tec’s ownership in the Guard-Tec Marks; (4) apply for trademark registration or renewal of trademark registration of any of the Guard-Tec Marks, any derivative of the Guard-Tec Marks, any combination of the Guard-Tec Marks and any other name, or any trademark, service mark, trade name, symbol or word which is similar to the Guard-Tec Marks; (5) use the Guard-Tec Marks on or in connection with any product, service or activity that is in violation of any law, statute, government regulation or standard.

You agree you will not rent, lease, lend, sell, or otherwise redistribute the Guard-Tec amp, or manufacture, produce, print, sell, distribute, purchase, or display counterfeit/inauthentic Guard-Tec driver amps or other Guard-Tec Marks or (including but not limited to signage, stickers, apparel, or decals) from any source other than directly from Guard-Tec.

Violation of any provision of this License may result in immediate termination of the License, in Guard-Tec’s sole discretion, a takedown request sent to the appropriate ISP, or social media platform, and/or a Uniform Domain-Name Dispute-Resolution Policy Proceeding (or equivalent proceeding). If you create any materials (physical or digital) bearing the Guard-Tec Marks (in violation of this Agreement or otherwise), you agree that upon their creation Guard-Tec exclusively owns all right, title and interest in and to such materials, including any modifications to the Guard-Tec Marks or derivative works based on the Guard-Tec Marks or Guard-Tec copyrights. You further agree to assign any interest or right you may have in such materials to Guard-Tec, and to provide information and execute any documents as reasonably requested by Guard-Tec to enable Guard-Tec to formalize such assignment.

Guard-Tec respects the intellectual property of others, and expects Users to do the same. If you believe, in good faith, that any materials on the Guard-Tec Platform infringe upon your copyrights, please view our Copyright Policy for information on how to make a copyright complaint.

Disclaimers

The following disclaimers are made on behalf of Guard-Tec, our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, and shareholders.

Guard-Tec does not provide security services, and Guard-Tec is not a security company, security firm, or carrier. Guard-Tec is not a common security company or private /public security company. It is up to the Services Provider to decide whether or not to accept the services request from a Client / User contacted through the Guard-Tec Platform, and it is up to the Client / User to decide whether or not to accept the services from any Services Provider contacted through the Guard-Tec Platform. We cannot ensure that a Services Provider or Client / User will complete an arranged service. We have no control over the quality or safety of the services that occurs as a result of the Threat Management Services. Any safety-related feature, process, policy, standard, or other effort undertaken by Guard-Tec is not an indication of any employment or agency relationship with any User.

The Guard-Tec Platform is provided on an “as is” basis and without any warranty or condition, express, implied or statutory. We do not guarantee and do not promise any specific results from use of the Guard-Tec Platform, Guard-Tec Services, Third-Party Services, and/or the Threat Management Services, including the ability to provide or receive Threat Management Services at any given location or time. Guard-Tec reserves the right, for example, to limit or eliminate access to the Guard-Tec Platform for Threat Management Services, Third-Party Services, and/or Guard-Tec Services in specific geographic areas and/or at specific times based on commercial viability, public health concerns, or changes in law. To the fullest extent permitted by law, we specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.

We do not warrant that your use of the Guard-Tec Platform, Guard-Tec Services, Third-Party Services, or Threat Management Services will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error-free, or will meet your requirements, that any defects in the Guard-Tec Platform will be corrected, or that the Guard-Tec Platform is free of viruses or other harmful components. We disclaim liability for, and no warranty is made with respect to, connectivity, availability, accuracy, completeness, and reliability of the Guard-Tec Platform, Guard-Tec Services, Third-Party Services, or Threat Management Services, including with respect to mapping, navigation, estimated times of arrival, and routing services. You are responsible at all times for your conduct and the consequences of your conduct while using the Guard-Tec Platform.

We cannot guarantee that each Client / User or Services Provider is who he or she claims to be. Please use common sense when using the Guard-Tec Platform, Guard-Tec Services, Third-Party Services, and Threat Management Services, including looking at the photos of the Services Provider or Client / User you have matched with to make sure it is the same individual you see in person. Please note that there are also risks of dealing with underage persons or people acting under false pretense, and we do not accept responsibility or liability for any content, communication or other use or access of the Guard-Tec Platform by persons under the age of 18 in violation of this Agreement. We encourage you to communicate directly with each potential Services Provider or Client / User prior to engaging in an arranged transportation service.

Guard-Tec is not responsible for the conduct, whether online or offline, of any User of the Guard-Tec Platform, Guard-Tec Services, Third-Party Services, or Threat Management Services. You are solely responsible for your interactions with other Users. We do not procure insurance for, nor are we responsible for, personal belongings left in the car by Services Providers or Client / Users. By using the Guard-Tec Platform, Guard-Tec Services, Third-Party Services, and participating in the Threat Management Services, you agree to accept such risks and agree that Guard-Tec is not responsible for the acts or omissions of Users on the Guard-Tec Platform, Guard-Tec Services, Third-Party Services, or participating in the Threat Management Services.

You are responsible for the use of your User account and Guard-Tec expressly disclaims any liability arising from the unauthorized use of your User account.

It is possible for others to obtain information about you that you provide, publish or post to or through the Guard-Tec Platform (including any profile information you provide), send to other Users, or share during the Threat Management Services, and to use such information to harass or harm you. We are not responsible for the use of any personal information that you disclose to other Users on the Guard-Tec Platform or through the Threat Management Services, Guard-Tec Services, or Third-Party Services. Please carefully select the type of information that you post on the Guard-Tec Platform or through the Threat Management Services, Guard-Tec Services, or Third-Party Services or release to others. We disclaim all liability, regardless of the form of action, for the acts or omissions of other Users (including unauthorized users, or “hackers”).

Opinions, advice, statements, offers, or other information or content concerning Guard-Tec or made available through the Guard-Tec Platform, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Under no circumstances will we be responsible for any loss or damage resulting from your reliance on information or other content posted by third parties, whether on the Guard-Tec Platform or otherwise. We reserve the right, but we have no obligation, to monitor the materials posted on the Guard-Tec Platform and remove any such material that in our sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users or others.

Location data provided by the Guard-Tec Platform is for basic location purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither Guard-Tec, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data tracked or displayed by the Guard-Tec Platform. Any of your Information, including geolocational data, you upload, provide, or post on the Guard-Tec Platform may be accessible to Guard-Tec and certain Users of the Guard-Tec Platform.

Guard-Tec advises you to use the Guard-Tec Platform with a data plan with unlimited or very high data usage limits, and Guard-Tec shall not be responsible or liable for any fees, costs, or overage charges associated with any data plan you use to access the Guard-Tec Platform.

This paragraph applies to any version of the Guard-Tec Platform that you acquire from the Apple App Store. This Agreement is entered into between you and Guard-Tec. Apple, Inc. (“Apple”) is not a party to this Agreement and shall have no obligations with respect to the Guard-Tec Platform. Guard-Tec, not Apple, is solely responsible for the Guard-Tec Platform and the content thereof as set forth hereunder. However, Apple and Apple’s subsidiaries are third-party beneficiaries of this Agreement. Upon your acceptance of this Agreement, Apple shall have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof. This Agreement incorporates by reference Apple’s Licensed Application End User License Agreement, for purposes of which, you are “the end-user.” In the event of a conflict in the terms of the Licensed Application End User License Agreement and this Agreement, the terms of this Agreement shall control.

As a Services Provider, you may be able to use "Guard-Tec Nav built by Google" while providing Threat Management Services on the Guard-Tec Platform. Client / Users and Services Providers may also use Google Maps while using the Guard-Tec Platform. In either case, you agree that Google may collect your location data when the Guard-Tec Platform is running in order to provide and improve Google's services, that such data may also be shared with Guard-Tec in order to improve its operations, and that Google's terms and privacy policy will apply to this usage.

Guard-Tec shall not be in breach of this Agreement nor liable for failure or delay in performing obligations under this Agreement if such failure or delay results from events, circumstances or causes beyond its reasonable control including (without limitation) natural disasters or acts of God; labor disputes or stoppages; war; government action; epidemic or pandemic; chemical or biological contamination; strikes; riots; acts of domestic or international terrorism; quarantines; national or regional emergencies; or any other cause, whether similar in kind to the foregoing or otherwise, beyond the party’s reasonable control. All service dates under this Agreement affected by force majeure shall be tolled for the duration of such force majeure. The parties hereby agree, when feasible, not to cancel but reschedule the pertinent obligations as soon as practicable after the force majeure condition ceases to exist.

State and Local Disclosures

Certain jurisdictions require additional disclosures to you. You can view any disclosures required by your local jurisdiction at www.guard-tec.com/terms/disclosures. Please check regularly for updates.

Indemnity

You will indemnify and hold harmless and, at Guard-Tec’s election, defend Guard-Tec including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders (collectively, the “Indemnified Parties”) from and against any claims, actions, suits, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of the Guard-Tec Platform, Guard-Tec Services, Third-Party Services, and participation in the Threat Management Services, including: (1) your breach of this Agreement or the documents it incorporates by reference; (2) your violation of any law or the rights of a third party, including, Services Providers, Client / Users, other motorists, and pedestrians, as a result of your own interaction with such third party; (3) any allegation that any materials or Information that you submit to us or transmit through the Guard-Tec Platform or to us infringes, misappropriates, or otherwise violates the copyright, trademark, trade secret or other intellectual property or other rights of any third party; (4) your ownership, use or operation of a motor vehicle or passenger vehicle, including your provision of Threat Management / Driver Services as a Services Provider; and/or (5) any other activities in connection with the Guard-Tec Platform, Guard-Tec Services, Third-Party Services, or Threat Management Services. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person. You will not, without Guard-Tec’s prior written consent, agree to any settlement on behalf of any Indemnified Party which includes either the obligation to pay any monetary amounts, or any admissions of liability, whether civil or criminal, on the part of any Indemnified Party.

Limitation of Liability

IN NO EVENT WILL GUARD-TEC, INCLUDING OUR AFFILIATES, SUBSIDIARIES, PARENTS, SUCCESSORS AND ASSIGNS, AND EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SHAREHOLDERS (COLLECTIVELY “GUARD-TEC” FOR PURPOSES OF THIS SECTION), BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY THE GUARD-TEC PLATFORM, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH THE GUARD-TEC PLATFORM, GUARD-TEC SERVICES, THE RIDESHARE SERVICES, OR THIS AGREEMENT, HOWEVER ARISING INCLUDING NEGLIGENCE, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE GUARD-TEC PLATFORM MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION, GOODS, OR THIRD-PARTY SERVICES WITH THIRD-PARTY PROVIDERS, BUT YOU AGREE THAT GUARD-TEC HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION, GOODS, OR THIRD-PARTY SERVICES SET FORTH IN THIS AGREEMENT. FOR CLARITY AND WITHOUT LIMITING THE FOREGOING, GUARD-TEC HAS NO RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR RELIANCE ON TRANSPORTATION, GOODS, OR THIRD-PARTY SERVICES SET FORTH IN THIS AGREEMENT OR ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD-PARTY PROVIDER. CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Term and Termination

This Agreement is effective upon your acceptance of this Agreement. This Agreement may be terminated: (a) by User, without cause, upon seven (7) days’ prior written notice to Guard-Tec; or (b) by either Party immediately, without notice, upon the other Party’s material breach of this Agreement, including but not limited to any breach of Section 9 or breach of Section 10(a)-(i) of this Agreement. In addition, Guard-Tec may terminate this Agreement or deactivate your User account immediately in the event: (1) you are no longer eligible to qualify as a User; (2) you no longer qualify to provide Threat Management Services; (3) you fall below Guard-Tec’s star rating or cancellation threshold; or (4) Guard-Tec has the good faith belief that such action is necessary to protect the safety of the Guard-Tec community or third parties, provided that in the event of a deactivation pursuant to (1)-(4) above, you will be given notice of the potential or actual deactivation and an opportunity to attempt to cure the issue to Guard-Tec’s reasonable satisfaction prior to Guard-Tec permanently terminating the Agreement. For all other breaches of this Agreement, you will be provided notice and an opportunity to cure the breach. If the breach is cured in a timely manner and to Guard-Tec’s satisfaction, this Agreement will not be permanently terminated. Sections 2, 6, 7 (with respect to the license), 11-12, 14-19, and 21 shall survive any termination or expiration of this Agreement.

DISPUTE RESOLUTION AND ARBITRATION AGREEMENT

(a) Agreement to Binding Arbitration Between You and Guard-Tec.

YOU AND GUARD-TEC MUTUALLY AGREE TO WAIVE OUR RESPECTIVE RIGHTS TO RESOLUTION OF DISPUTES IN A COURT OF LAW BY A JUDGE OR JURY AND AGREE TO RESOLVE ANY DISPUTE BY ARBITRATION, as set forth below. This agreement to arbitrate (“Arbitration Agreement”) is governed by the Federal Arbitration Act (“FAA”); but if the FAA is inapplicable for any reason, then this Arbitration Agreement is governed by the laws of the State of Michigan, including . Code tit. Act 371 of 2012 ., without regard to choice of law principles. This Arbitration Agreement survives after the Agreement terminates or your relationship with Guard-Tec ends. ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. Except as expressly provided below, this Arbitration Agreement applies to all Claims (defined below) between you and Guard-Tec, including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders. This Arbitration Agreement also applies to claims between you and Guard-Tec’s service providers, including but not limited to background check providers and payment processors; and such service providers shall be considered intended third-party beneficiaries of this Arbitration Agreement.

Except as expressly provided below, ALL DISPUTES AND CLAIMS BETWEEN US (EACH A “CLAIM” AND COLLECTIVELY, “CLAIMS”) SHALL BE EXCLUSIVELY RESOLVED BY BINDING ARBITRATION SOLELY BETWEEN YOU AND GUARD-TEC. These Claims include, but are not limited to, any dispute, claim or controversy, whether based on past, present, or future events, arising out of or relating to: this Agreement and prior versions thereof (including the breach, termination, enforcement, interpretation or validity thereof), the Guard-Tec Platform, the Threat Management Services, the Guard-Tec Services, Guard-Tec promotions, gift card, referrals or loyalty programs, the Guard-Tec Tablet, any other goods or services made available through the Guard-Tec Platform by Guard-Tec or a third-party provider, your relationship with Guard-Tec, the threatened or actual suspension, deactivation or termination of your User Account or this Agreement, background checks performed by or on Guard-Tec’s behalf, payments made by you or any payments made or allegedly owed to you, any promotions or offers made by Guard-Tec, any city, county, state or federal wage-hour law, trade secrets, unfair competition, compensation, breaks and rest periods, expense reimbursement, wrongful termination, discrimination, harassment, retaliation, fraud, defamation, emotional distress, breach of any express or implied contract or covenant, claims arising under federal or state consumer protection laws; claims arising under antitrust laws, claims arising under the Telephone Consumer Protection Act and Fair Credit Reporting Act; and claims arising under the Uniform Trade Secrets Act, Civil Rights Act of 1964, Americans With Disabilities Act, Age Discrimination in Employment Act, Older Workers Benefit Protection Act, Family Medical Leave Act, Fair Labor Standards Act, Employee Retirement Income Security Act of 1974 (except for individual claims for employee benefits under any benefit plan sponsored by Guard-Tec and covered by the Employee Retirement Income Security Act of 1974 or funded by insurance), and state statutes, if any, addressing the same or similar subject matters, and all other federal and state statutory and common law claims. All disputes concerning the arbitrability of a Claim (including disputes about the scope, applicability, enforceability, revocability or validity of the Arbitration Agreement) shall be decided by the arbitrator, except as expressly provided below.

BY AGREEING TO ARBITRATION, YOU UNDERSTAND THAT YOU AND GUARD-TEC ARE WAIVING THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL FOR ALL CLAIMS, EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS ARBITRATION AGREEMENT. This Arbitration Agreement is intended to require arbitration of every claim or dispute that can lawfully be arbitrated, except for those claims and disputes which by the terms of this Arbitration Agreement are expressly excluded from the requirement to arbitrate.

(b) Prohibition of Class Actions and Non-Individualized Relief.

YOU UNDERSTAND AND AGREE THAT YOU AND GUARD-TEC MAY EACH BRING CLAIMS IN ARBITRATION AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT ON A CLASS, COLLECTIVE ACTION, OR REPRESENTATIVE BASIS (“CLASS ACTION WAIVER”). YOU UNDERSTAND AND AGREE THAT YOU AND GUARD-TEC BOTH ARE WAIVING THE RIGHT TO PURSUE OR HAVE A DISPUTE RESOLVED AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING. NOTWITHSTANDING THE FOREGOING, THIS SUBSECTION (B) SHALL NOT APPLY TO REPRESENTATIVE PRIVATE ATTORNEYS GENERAL ACT CLAIMS BROUGHT AGAINST GUARD-TEC, WHICH ARE ADDRESSED SEPARATELY IN SECTION 17(C).

The arbitrator shall have no authority to consider or resolve any Claim or issue any relief on any basis other than an individual basis. The arbitrator shall have no authority to consider or resolve any Claim or issue any relief on a class, collective, or representative basis. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claims.

Notwithstanding any other provision of this Agreement, the Arbitration Agreement or the AAA Rules, disputes regarding the interpretation, applicability, or enforceability of the Class Action Waiver may be resolved only by a court and not by an arbitrator. In any case in which: (1) the dispute is filed as a class, collective, or representative action and (2) there is a final judicial determination that the Class Action Waiver is unenforceable with respect to any Claim or any particular remedy for a Claim (such as a request for public injunctive relief), then that Claim or particular remedy (and only that Claim or particular remedy) shall be severed from any remaining claims and/or remedies and may be brought in a court of competent jurisdiction, but the Class Action Waiver shall be enforced in arbitration on an individual basis as to all other Claims or remedies to the fullest extent possible.

(c) Representative PAGA Waiver.

Notwithstanding any other provision of this Agreement or the Arbitration Agreement, to the fullest extent permitted by law: (1) you and Guard-Tec agree not to bring a representative action on behalf of others under the Private Attorneys General Act of 2004 (“PAGA”), California Labor Code § 2698 et seq., in any court or in arbitration, and (2) for any claim brought on a private attorney general basis, including under the California PAGA, both you and Guard-Tec agree that any such dispute shall be resolved in arbitration on an individual basis only (i.e., to resolve whether you have personally been aggrieved or subject to any violations of law), and that such an action may not be used to resolve the claims or rights of other individuals in a single or collective proceeding (i.e., to resolve whether other individuals have been aggrieved or subject to any violations of law) (collectively, “representative PAGA Waiver”). Notwithstanding any other provision of this Agreement, the Arbitration Agreement or the AAA Rules, disputes regarding the scope, applicability, enforceability, revocability or validity of this representative PAGA Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. If any provision of this representative PAGA Waiver is found to be unenforceable or unlawful for any reason: (i) the unenforceable provision shall be severed from this Agreement; (ii) severance of the unenforceable provision shall have no impact whatsoever on the Arbitration Agreement or the requirement that any remaining Claims be arbitrated on an individual basis pursuant to the Arbitration Agreement; and (iii) any such representative PAGA or other representative private attorneys general act claims must be litigated in a civil court of competent jurisdiction and not in arbitration. To the extent that there are any Claims to be litigated in a civil court of competent jurisdiction because a civil court of competent jurisdiction determines that the representative PAGA Waiver is unenforceable with respect to those Claims, the Parties agree that litigation of those Claims shall be stayed pending the outcome of any individual Claims in arbitration.

(d) Rules Governing the Arbitration.

Any arbitration conducted pursuant to this Arbitration Agreement shall be administered by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules that are in effect at the time the arbitration is initiated, as modified by the terms set forth in this Agreement. Copies of these rules can be obtained at the AAA’s website (www.adr.org) (the “AAA Rules”). Notwithstanding the foregoing, if requested by you and if proper based on the facts and circumstances of the Claims presented, the arbitrator shall have the discretion to select a different set of AAA Rules, but in no event shall the arbitrator consolidate more than one person’s Claims, or otherwise preside over any form of representative, collective, or class proceeding. The parties may select a different arbitration administrator upon mutual written agreement.

As part of the arbitration, both you and Guard-Tec will have the opportunity for reasonable discovery of non-privileged information that is relevant to the Claim. The arbitrator may award any individualized remedies that would be available in court. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claims. The arbitrator will provide a reasoned written statement of the arbitrator’s decision which shall explain the award given and the findings and conclusions on which the decision is based.

The arbitrator will decide the substance of all claims in accordance with applicable law, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different Client / Users or Services Providers, but is bound by rulings in prior arbitrations involving the same Client / User or Services Provider to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof, provided that any award may be challenged in a court of competent jurisdiction.

(e) Arbitration Fees and Awards.

The payment of filing and arbitration fees will be governed by the relevant AAA Rules subject to the following modifications:

If Guard-Tec initiates arbitration under this Arbitration Agreement, Guard-Tec will pay all AAA filing and arbitration fees.
With respect to any Claims brought by Guard-Tec against a Services Provider, or for Claims brought by a Services Provider against Guard-Tec that: (A) are based on an alleged employment relationship between Guard-Tec and a Services Provider; (B) arise out of, or relate to, Guard-Tec’s actual deactivation of a Services Provider’s User account or a threat by Guard-Tec to deactivate a Services Provider’s User account; (C) arise out of, or relate to, Guard-Tec’s actual termination of a Services Provider’s Agreement with Guard-Tec under the termination provisions of this Agreement, or a threat by Guard-Tec to terminate a Services Provider’s Agreement; (D) arise out of, or relate to, Services fees (as defined in this Agreement, including Guard-Tec’s commission or fees on the Services fees), tips, or average hourly guarantees owed by Guard-Tec to Services Providers for Threat Management Services, other than disputes relating to referral bonuses, other Guard-Tec promotions, or consumer-type disputes, or (E) arise out of or relate to background checks performed in connection with a user seeking to become a Services Provider (the subset of Claims in subsections (A)-(E) shall be collectively referred to as “Services Provider Claims”), Guard-Tec shall pay all costs unique to arbitration (as compared to the costs of adjudicating the same claims before a court), including the regular and customary arbitration fees and expenses (to the extent not paid by Guard-Tec pursuant to the fee provisions above). However, if you are the party initiating the Services Provider Claim, you shall be responsible for contributing up to an amount equal to the filing fee that would be paid to initiate the claim in the court of general jurisdiction in the state in which you provide Threat Management Services to Client / Users, unless a lower fee amount would be owed by you pursuant to the AAA Rules, applicable law, or subsection (e)(1) above. Any dispute as to whether a cost is unique to arbitration shall be resolved by the arbitrator. For purposes of this Section 17(e)(2), the term “Services Provider” shall be deemed to include both Services Providers and Services Provider applicants who have not been approved to provide services.
Except as provided in Federal Rule of Civil Procedure 68 or any state equivalents, each party shall pay its own attorneys’ fees and pay any costs that are not unique to the arbitration (i.e., costs that each party would incur if the claim(s) were litigated in a court such as costs to subpoena witnesses and/or documents, take depositions and purchase deposition transcripts, copy documents, etc.).
At the end of any arbitration, the arbitrator may award reasonable fees and costs or any portion thereof to you if you prevail, to the extent authorized by applicable law.
Although under some laws Guard-Tec may have a right to an award of attorneys' fees and non-filing fee expenses if it prevails in an arbitration, Guard-Tec agrees that it will not seek such an award unless you are represented by an attorney or the arbitrator has determined that the claim is frivolous or brought for an improper purpose (as measured by the standards of Federal Rule of Civil Procedure 11(b)).
If the arbitrator issues you an award that is greater than the value of Guard-Tec’s last written settlement offer made after you participated in good faith in the optional Negotiation process described in subsection (k) below, then Guard-Tec will pay you the amount of the award or U.S. $1,000, whichever is greater.

(f) Location and Manner of Arbitration.

Unless you and Guard-Tec agree otherwise, any arbitration hearings between Guard-Tec and a Client / User will take place in the county of your billing address, and any arbitration hearings between Guard-Tec and a Services Provider will take place in the county in which the Services Provider provides Threat Management Services. If AAA arbitration is unavailable in your county, the arbitration hearings will take place in the nearest available location for a AAA arbitration. Your right to a hearing will be determined by the AAA Rules.

(g) Exceptions to Arbitration.

This Arbitration Agreement shall not require arbitration of the following types of claims: (1) small claims actions brought on an individual basis that are within the scope of such small claims court’s jurisdiction; (2) a representative action brought on behalf of others under PAGA or other private attorneys general acts, to the extent the representative PAGA Waiver in Section 17(c) of such action is deemed unenforceable by a court of competent jurisdiction under applicable law not preempted by the FAA; (3) claims for workers’ compensation, state disability insurance and unemployment insurance benefits; (4) claims that may not be subject to arbitration as a matter of generally applicable law not preempted by the FAA; and (5) individual claims of sexual assault or sexual harassment in connection with the use of the Guard-Tec Platform, Guard-Tec Services, or Threat Management Services. Where these claims are brought in a court of competent jurisdiction, Guard-Tec will not require arbitration of those claims. Guard-Tec’s agreement not to require arbitration of these claims does not waive the enforceability of any other provision of this Arbitration Agreement (including without limitation the waivers provided in Section 17(b)), or of the enforceability of this Arbitration Agreement as to any other dispute, claim, or controversy.

Nothing in this Arbitration Agreement prevents you from making a report to or filing a claim or charge with the Equal Employment Opportunity Commission, U.S. Department of Labor, Securities Exchange Commission, National Labor Relations Board (“NLRB”), or Office of Federal Contract Compliance Programs, or similar local, state or federal agency, and nothing in this Arbitration Agreement shall be deemed to preclude or excuse a party from bringing an administrative claim before any agency in order to fulfill the party's obligation to exhaust administrative remedies before making a claim in arbitration However, should you bring an administrative claim, you may only seek or recover money damages of any type pursuant to this Arbitration Provision, and you knowingly and voluntarily waive the right to seek or recover money damages of any type pursuant to any administrative complaint, except for a complaint issued by the NLRB. Should you participate in an NLRB proceeding, you may only recover money damages if such recovery does not arise from or relate to a claim previously adjudicated under this Arbitration Provision or settled by you. Similarly, you may not recover money damages under this Arbitration Provision if you have already adjudicated such claim with the NLRB. Nothing in this Agreement or Arbitration Agreement prevents your participation in an investigation by a government agency of any report, claim or charge otherwise covered by this Arbitration Provision.

(h) Severability.

Except as otherwise provided in the severability provisions in subsections (b) and (c) above, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable under applicable law not preempted by the FAA, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.

(i) Services Provider Claims in Pending Settlement.

If you are a member of a putative class in a lawsuit against Guard-Tec involving Services Provider Claims and a Motion for Preliminary Approval of a Settlement has been filed with the court in that lawsuit prior to this Agreement’s effective date (a “Pending Settlement Action”), then this Arbitration Agreement shall not apply to your Services Provider Claims in that particular class action. Instead, your Services Provider Claims in that Pending Settlement Action shall continue to be governed by the arbitration provisions contained in the applicable Agreement that you accepted prior to this Agreement’s effective date.

(j) Opting Out of Arbitration for Services Provider Claims That Are Not In a Pending Settlement Action.

As a Services Provider or Services Provider applicant, you may opt out of the requirement to arbitrate Services Provider Claims defined in Section 17(e)(2) (except as limited by Section 17(i) above) pursuant to the terms of this subsection if you have not previously agreed to an arbitration provision in Guard-Tec’s Terms of Service where you had the opportunity to opt out of the requirement to arbitrate. If you have previously agreed to such an arbitration provision, you may opt out of any revisions to your prior arbitration agreement made by this provision in the manner specified below, but opting out of this arbitration provision has no effect on any previous, other, or future arbitration agreements that you may have with Guard-Tec. If you have not previously agreed to such an arbitration provision and do not wish to be subject to this Arbitration Agreement with respect to Services Provider Claims, you may opt out of arbitration with respect to such Services Provider Claims, other than those in a Pending Settlement Action, by notifying Guard-Tec in writing of your desire to opt out of arbitration for such Services Provider Claims, which writing must be dated, signed and delivered by electronic mail to arbitrationoptout@guard-tec.com, info@guaed-tec.com

In order to be effective, (A) the writing must clearly indicate your intent to opt out of this Arbitration Agreement with respect to Services Provider Claims that are not part of a Pending Settlement Action, (B) the writing must include the name, phone number, and email address associated with your User Account, and (C) the email containing the signed writing must be sent within 30 days after the date this Agreement is executed by you. Should you not opt out within the 30-day period, you and Guard-Tec shall be bound by the terms of this Arbitration Agreement in full (including with respect to Services Provider Claims that are not part of a Pending Settlement Action). As provided in paragraph 17(i) above, any opt out that you submit shall not apply to any Services Provider Claims that are part of a Pending Settlement Action and your Services Provider Claims in any such Pending Settlement Action shall continue to be governed by the arbitration provisions that are contained in the applicable Guard-Tec Terms of Use that you agreed to prior to the effective date of this Agreement.

Cases have been filed against Guard-Tec and may be filed in the future involving Services Provider Claims. You should assume that there are now, and may be in the future, lawsuits against Guard-Tec alleging class, collective, and/or representative Services Provider Claims in which the plaintiffs seek to act on your behalf, and which, if successful, could result in some monetary recovery to you. But if you do agree to arbitration of Services Provider Claims with Guard-Tec under this Arbitration Agreement, you are agreeing in advance that you will bring all such claims, and seek all monetary and other relief, against Guard-Tec in an individual arbitration, except for the Services Provider Claims that are part of a Pending Settlement Action. You are also agreeing in advance that you will not participate in, or seek to recover monetary or other relief, for such claims in any court action or class, collective, and/or representative action. You have the right to consult with counsel of your choice concerning this Arbitration Agreement and you will not be subject to retaliation if you exercise your right to assert claims or opt- out of any Services Provider Claims under this Arbitration Agreement.

(k) Optional Pre-Arbitration Negotiation Process.

Before initiating any arbitration or proceeding, you and Guard-Tec may agree to first attempt to negotiate any dispute, claim or controversy between the parties informally for 30 days, unless this time period is mutually extended by you and Guard-Tec. A party who intends to seek negotiation under this subsection must first send to the other a written notice of the dispute (“Notice”). The Notice must (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought. All offers, promises, conduct and statements, whether oral or written, made in the course of the negotiation by any of the parties, their agents, employees, and attorneys are confidential, privileged and inadmissible for any purpose, including as evidence of liability or for impeachment, in arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or as this could violate HIPAA non-discoverable as a result of its use in the negotiation.

(l) Binding Effect; Third-Party Beneficiaries.

This Arbitration Agreement shall be binding upon, and shall include any claims brought by or against any third parties, including but not limited to your spouses, heirs, third-party beneficiaries and permitted assigns, where their underlying claim(s) arise out of or relate to your use of the Guard-Tec Platform, Guard-Tec Services, or Threat Management Services. To the extent that any third-party beneficiary to this Agreement brings claims against a party, those claims shall also be subject to this Arbitration Agreement.

Confidentiality

You agree not to use any technical, financial, strategic and other proprietary and confidential information relating to Guard-Tec’s business, operations and properties, information about a User made available to you in connection with such User’s use of the Guard-Tec Platform, which may include the User’s name, services location, pick-up location, contact information and photo (“Confidential Information”) disclosed to you by Guard-Tec for your own use or for any purpose other than as contemplated herein. You shall not disclose or permit disclosure of any Confidential Information to third parties, and you agree not to store separate and outside of the Guard-Tec Platform any Confidential Information obtained from the Guard-Tec Platform. As a Services Provider, you understand that some of the Confidential Information you receive may be protected by federal and/or state confidentiality laws, such as the Health Information Portability and Accountability Act of 1996 (“HIPAA”), governing the privacy and security of protected (patient) health information. In the event that you know a Client / User, you should not disclose to anyone the identity of the Client / User or the services being provided, Client / User location that you picked up, or dropped off the Client / User, as this could violate HIPAA. You understand that any violation of the Agreement’s confidentiality provisions may violate HIPAA or state confidentiality laws and could result in civil or criminal penalties against you. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information of Guard-Tec in order to prevent it from falling into the public domain. Notwithstanding the above, you shall not have liability to Guard-Tec with regard to any Confidential Information which you can prove: was in the public domain at the time it was disclosed by Guard-Tec or has entered the public domain through no fault of yours; was known to you, without restriction, at the time of disclosure, as demonstrated by files in existence at the time of disclosure; is disclosed with the prior written approval of Guard-Tec; becomes known to you, without restriction, from a source other than Guard-Tec without breach of this Agreement by you and otherwise not in violation of Guard-Tec’s rights; or is disclosed pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided, however, that You shall provide prompt notice of such court order or requirement to Guard-Tec to enable Guard-Tec to seek a protective order or otherwise prevent or restrict such disclosure.

Relationship with Guard-Tec

As a Services Provider on the Guard-Tec Platform, you acknowledge and agree that you and Guard-Tec are in a direct business relationship, and the relationship between the parties under this Agreement is solely that of independent contracting parties. You and Guard-Tec expressly agree that (1) this is not an employment agreement and does not create an employment relationship between you and Guard-Tec; and (2) no joint venture, franchisor- franchisee, partnership, or agency relationship is intended or created by this Agreement. You have no authority to bind Guard-Tec, and you undertake not to hold yourself out as an employee, agent or authorized representative of Guard-Tec.

Guard-Tec does not, and shall not be deemed to, direct or control you generally or in your performance under this Agreement specifically, including in connection with your provision of Threat Management Services, your acts or omissions, or your operation and maintenance of your equipment or vehicle. You retain the sole right to determine when, where, and for how long you will utilize the Guard-Tec Platform. Guard-Tec does not, and shall not be deemed to, unilaterally prescribe specific dates, times of day, or any minimum number of hours for you to utilize the Guard-Tec Platform. You retain the option to accept or to decline or ignore a Client / User’s request for Threat Management Services via the Guard-Tec Platform, or to cancel an accepted request for Threat Management Services via the Guard-Tec Platform, subject to Guard-Tec’s then-current cancellation policies. Guard-Tec does not, and shall not be deemed to, require you to accept any specific request for Threat Management Services as a condition of maintaining access to the platform. With the exception of any signage required by law or permit/license rules or requirements, Guard-Tec shall have no right to require you to: (a) display Guard-Tec’s names, logos or colors on your vehicle(s); or (b) wear a uniform or any other clothing displaying Guard-Tec’s names, logos or colors. You acknowledge and agree that you have complete discretion to provide Threat Management Services or otherwise engage in any other business or employment activities, including but not limited to providing services similar to the Threat Management Services to other companies, and that Guard-Tec does not, and shall not be deemed to, restrict you from engaging in any such activity.

General

Except as provided in Section 17, this Agreement shall be governed by the laws of the State of California without regard to choice of law principles. This choice of law provision is only intended to specify the use of California law to interpret this Agreement and is not intended to create any other substantive right to non-Californians to assert claims under California law whether by statute, common law, or otherwise. If any provision of this Agreement is or becomes invalid or non-binding, the parties shall remain bound by all other provisions of this Agreement. In that event, the parties shall replace the invalid or non-binding provision with provisions that are valid and binding and that have, to the greatest extent possible, a similar effect as the invalid or non-binding provision, given the contents and purpose of this Agreement. You agree that this Agreement and all incorporated agreements may be automatically assigned by Guard-Tec, in our sole discretion by providing notice to you. You may not assign this Agreement without Guard-Tec’s prior written approval. Any purported assignment by you in violation of this Section 21 shall be void. Except as explicitly stated otherwise, any notices to Guard-Tec shall be given by certified mail, postage prepaid and return receipt requested to Guard-Tec, Inc., 548 Market Street, #68514 San Francisco, CA 94104. Any notices to you shall be provided to you through the Guard-Tec Platform or given to you via the email address or physical address you provide to Guard-Tec during the registration process. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. The words “include”, “includes” and “including” are deemed to be followed by the words “without limitation”. A party’s failure to act with respect to a breach by the other party does not constitute a waiver of the party’s right to act with respect to subsequent or similar breaches, any such waiver shall be in writing. This Agreement sets forth the entire understanding and agreement between you and Guard-Tec with respect to the subject matter hereof and supersedes all previous understandings and agreements between the parties, whether oral or written.

If you have any questions regarding the Guard-Tec Platform, Guard-Tec Services, or Threat Management Services, please contact us through our Help Center.

Guard-Tec Terms of Service

Guard-Tec Terms of Service

About Us

Follow Us