Terms of Use
Guardial AI
Effective Date: July 31, 2026 · Version 1.0
Predictive IRM LLC, through its Guardial AI platform, on behalf of itself and its affiliates and subsidiaries (together, “Guardial,” “we,” “us,” or “our”), offers you a wide range of content, communication tools, interactive features, and information about Guardial, its products and services, and trends in the regulatory, integrated risk management, compliance, governance, financial, and technology industries, as well as, in certain circumstances, content provided by other persons and entities (collectively, “Materials”), via this and Guardial’s related websites, portals, applications, subscriptions, social media pages, and other similar sources, including features and services available through such sites and sources, such as RSS feeds, podcasts, video, downloads, chatbots, virtual agents, and other artificial intelligence and machine learning enabled tools (collectively, this “Site”). By accessing or using this Site, you agree to accept and comply with these terms and conditions of use, as stated below (these “Terms”), as well as Guardial’s Privacy Notice (the “Privacy Notice”), at all times.
YOU MUST READ THESE TERMS (AND THE PRIVACY NOTICE) FULLY BEFORE USING THIS SITE. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR USE THIS SITE. YOUR ACCESS OR USE OF THIS SITE CONFIRMS THAT (1) YOU HAVE THE AUTHORITY TO ENTER INTO THESE TERMS, INDIVIDUALLY OR ON BEHALF OF THE ENTITY YOU REPRESENT; AND (2) YOU AGREE TO BE BOUND BY THESE TERMS. Please contact Guardial at legal@guardial.ai with any questions you may have.
These Terms include, among other things, provisions governing Guardial’s use of artificial intelligence and machine learning technologies (see Sections 5 and 6), a disclaimer of warranties (Section 17), a limitation of liability (Section 18), and a binding arbitration clause and class action waiver (Section 21). Please read these provisions carefully.
Limited Right to Use.
This Site is owned and operated by Guardial. Unless otherwise specified, all Materials on this Site are the property of Guardial and its licensors and are protected by the copyright laws of the United States and throughout the world. You may access, view, print, and/or download the Materials from this Site solely for your personal, informational use within your organization, provided that you keep intact all copyright and other proprietary notices. You may not copy or distribute any Materials published by Guardial on this Site, or any portion of those Materials, beyond your organization without Guardial’s prior written permission. This restriction includes any copying, reproduction, modification, republication, uploading, posting, or directly or indirectly transmitting any Materials (or portions thereof) in any form or by any means. Materials available in a part of the Site that requires a password to enter or is otherwise restricted must be treated as Confidential Information unless otherwise marked and may not be used or disclosed except as expressly permitted in a written agreement with Guardial.
Registration.
You may be given the opportunity to create and register a user account (your “Account”) that you may use to receive information from Guardial and/or to participate in certain features and functionalities of this Site. By registering, you represent, warrant, and confirm to Guardial that all information you provide on the registration form is complete, current, and accurate. Guardial may rely on the information you provide, including any user IDs or passwords you create, to identify you and your activity, and you must promptly update and otherwise maintain your information to keep your Account current at all times. You agree that Guardial may use the information you provide for any purpose, so long as such use does not violate the Privacy Notice.
Password and Security.
If you are issued or create any password or other credentials to access this Site or any parts or functionalities that are part of this Site, you agree not to give or make available your password or credentials to any unauthorized individuals, and you agree to be responsible for all actions taken by anyone to whom you have provided such credentials. If you believe that your credentials have been lost or stolen, or that someone may attempt to use them to access this Site without your consent, you must notify Guardial at once at the address specified in Section 27 below.
Interactive Features.
This Site may include opportunities for you to access, view, and provide content for this Site, such as via comment sections, discussion forums, chatbots, virtual agents, AI assistants, and other similar interactive features (“Interactive Features”). Some of the Interactive Features of the Site may generate automated responses (each, an “Output”) in response to your interaction, chat, prompt, or query (collectively, “Input”). You alone are responsible for your use of any Interactive Features, and you use them at your own risk. Any content, comments, suggestions, information, ideas, concepts, photographs, graphics, prompts, or other materials, whether oral, written, or electronic (collectively, “Content”), that you submit through an Interactive Feature must pertain to the designated topic or theme of the applicable Interactive Feature. You may not use this Site or any Interactive Features in any way that (as determined by Guardial) impairs, restricts, or inhibits anyone else from enjoying or using this Site or the Interactive Features. More specifically, you represent, warrant, and confirm the following:
- All of your Content is accurate and not misleading, and the use, posting, or other transmission of your Content does not violate applicable law or these Terms, and will not violate any rights of, or cause injury to, any person or entity.
- You will not upload, post, or otherwise transmit any Content protected by any intellectual property right, including any copyright, trademark, trade secret, right of publicity, or other proprietary right, without the express permission of the owner of such right; provided that (i) you are solely responsible for determining whether any Content is protected, and (ii) you shall be solely liable for any damage resulting from infringement of any such rights or any other harm resulting from the Content you submit.
- You will not use any Interactive Feature to (i) develop, train, or improve any product or service that competes with Guardial or its Products; (ii) reverse engineer, discover, or attempt to derive the source code, models, weights, algorithms, or underlying architecture of any Guardial technology; or (iii) generate, extract, or aggregate Outputs in bulk for the purpose of building a competing dataset, model, or service.
- Guardial’s use of the Content in accordance with these Terms will not infringe or violate any intellectual property or other rights of any third party or cause a breach of any agreement or obligation between you and any third party, and you have all rights and permissions required to submit the Content to Guardial for use in accordance with these Terms.
Guardial reserves the right, at any time and in its sole discretion, to (1) restrict or prevent your access to this Site or any Interactive Features; (2) move, remove, or edit any Content posted, uploaded, or referenced by you; and/or (3) terminate or suspend your Account for any reason.
Artificial Intelligence and Machine Learning Technologies.
This Site and the Interactive Features may use, incorporate, or be powered by artificial intelligence, machine learning, natural language processing, large language models, predictive analytics, and related technologies (collectively, “AI/ML Technologies”). By accessing or using this Site, you acknowledge, understand, and agree to the following:
(a) Use of AI/ML Technologies. Guardial may use AI/ML Technologies to operate, provide, personalize, secure, and improve this Site, the Materials, the Interactive Features, and Guardial’s products and services. These technologies may generate Output automatically and without human review. You are responsible for reviewing all Output and your use of the Output through Guardial’s products or services or otherwise.
(b) Nature of Output. Output is generated by probabilistic and non-deterministic models. Due to the nature of AI/ML Technologies, identical or similar Input may produce different Output, and the same or similar Output may be generated for you and for third parties. Output may be inaccurate, incomplete, outdated, biased, or otherwise undesirable, and may not reflect the views of Guardial. You are solely responsible for evaluating the content, nature, accuracy, and appropriateness of any Output for your intended use case, and for independently verifying any Output before relying on it.
(c) No Professional Advice. The Site, the Interactive Features, and any Output are provided for general informational purposes only and do not constitute legal, compliance, regulatory, financial, investment, tax, or other professional advice. Guardial is not a law firm and does not provide legal or compliance advice. Any forms, documentation, guidance, or Output provided through the Site or the Interactive Features are offered as samples or templates and are not designed or tailored to your specific needs or requirements. You must seek your own regulatory, legal, or professional guidance on all aspects of your use of the Site and any Output. Guardial specifically disclaims any and all liability related to your legal or compliance requirements.
(d) Your Responsibilities. You are responsible for your Input and for any actions you take, or refrain from taking, based on any Output. You will not submit as Input any Content that you are not authorized to submit, and you will not use AI/ML Technologies or any Output in any manner that violates applicable law, these Terms, or the rights of any third party. Output should not be treated as a substitute for the professional judgment of qualified persons.
(e) Third-Party AI Providers. Certain AI/ML Technologies may be provided by, or rely on services of, third parties. Your use of features that depend on such third-party technologies may be subject to the third party’s terms, and Guardial does not warrant or support, and is not liable for, any such third-party technologies. Guardial cannot guarantee the continued availability of any third-party AI/ML Technologies and may cease providing them.
License to Use Input, Content, and Feedback; Training of AI/ML Technologies.
By posting, uploading, referencing, or otherwise submitting any Content, Input, or Feedback (as defined below) to this Site or to Guardial directly, you grant Guardial and its affiliates a perpetual, irrevocable, non-exclusive, worldwide, royalty-free, fully paid-up, transferable, and sublicensable right and license to use, host, store, publish, reproduce, modify, adapt, edit, translate, create derivative works from, incorporate into other works, distribute, sublicense, and otherwise exploit all such Content, Input, and Feedback (including, without limitation, any Output derived therefrom), in part or in whole, in any way and in any form, whether now known or hereafter developed, including, without limitation, to develop, train, fine-tune, evaluate, test, validate, and improve Guardial’s AI/ML Technologies, products, services, models, algorithms, and datasets.
“Feedback” means any suggestion or idea for modifying any of the Materials, the Site, the Interactive Features, or Guardial’s products or services, or other use thereof, which would support Guardial’s development or artificial intelligence program, including, without limitation, all intellectual property rights in and to any such suggestion, use, or idea. You agree that you will not receive any royalty, payment, attribution, or acknowledgement for such Content, Input, or Feedback, and that neither Guardial nor its affiliates shall owe you any other obligation. Where required by applicable law or the Privacy Notice, Guardial will handle any personal information contained in Input or Content in accordance with the Privacy Notice, and, where applicable, Guardial may de-identify, aggregate, or anonymize such information prior to using it to train or improve AI/ML Technologies. For the avoidance of doubt, this Section does not grant Guardial rights beyond those permitted under applicable law with respect to your personal information.
Interference and Malicious Code.
You may not use this Site, including uploading, posting, or otherwise transmitting any Content, in a manner that could transmit, directly or indirectly, any form of malicious or unwanted code or program to this Site or to any websites, servers, networks, systems, or equipment of Guardial or any third party, or that would otherwise interfere with or disrupt this Site or any websites, servers, networks, systems, or equipment of Guardial or any third party. You must at all times abide by all policies, procedures, and other requirements established by any networks connected to this Site. You also may not employ any spiders, robots, scrapers, crawlers, or other similar automated data-mining or data-extraction programs or techniques on any Materials, Output, or otherwise in connection with your use of this Site, including for the purpose of training or developing any machine learning model, without Guardial’s prior written consent.
Monitoring.
You agree that Guardial has the right, but not the obligation, to monitor your use of this Site, as well as any Content or Input posted, uploaded, or submitted to this Site. Guardial performs this monitoring for purposes of ensuring compliance with these Terms and applicable laws or regulations, understanding users’ use of this Site and the Interactive Features, and improving its products, services, and AI/ML Technologies, but this monitoring may be for any purpose permitted or authorized by applicable law. Guardial may (although it is not obligated to) screen, disable, remove, or otherwise edit any Content you or any other user posts, uploads, or references to or in connection with this Site. You agree that Guardial is not required to notify you (or any other user) of any such screening or editing, and that you have no expectation that Guardial will return that Content or otherwise make it available to you after it is edited or deleted, and Guardial has no responsibility or liability if it does not do so.
Third-Party Content.
Guardial receives some of the Materials on this Site from third parties, including other users. All statements, opinions, advice, criticisms, offers, or other information stated or expressed by any such third parties reflect solely the opinion and belief of the respective third party making such statement, and not that of Guardial or any of its affiliates. Guardial makes no endorsement, guarantee, or other statement, express or implied, about such third-party Materials, including that any such Materials are accurate, complete, timely, corroborated, or otherwise useful or appropriate for any use or circumstance. You must independently evaluate any such third-party Materials if you intend to rely on them in any way, and you alone must engage any appropriate professionals necessary or prudent in making that evaluation.
Third-Party Products and Services.
This Site may contain or offer features designed to interoperate with third-party products or services. To use such features, you must obtain access to such third-party applications from their respective providers. If you choose to utilize such third-party applications: (i) all governing terms and conditions, including data-processing terms, are entered into between you and the applicable third-party provider; (ii) you may be required to grant Guardial access to your account on such third-party applications; and (iii) Guardial is not liable for, and does not warrant or support, any such third-party applications. Guardial cannot guarantee the continued availability of such third-party applications and may cease providing or supporting them without entitling you to any refund, credit, or other compensation.
Ownership; Intellectual Property.
Guardial reserves all rights, title, and interest in and to all Materials posted to this Site, including, without limitation, all patents, copyrights, trademarks, trade names, service marks, trade dress, trade secrets, models, algorithms, and logos of Guardial and its affiliates and licensors (“Intellectual Property”). As between Guardial and you, Guardial reserves all rights, title, and interest in and to all Output and in and to any improvements to Guardial’s AI/ML Technologies, products, and services derived from your Input, Content, or Feedback. Except as expressly stated in Section 1 above, you have no right to use any of this Intellectual Property, and nothing contained in this Site or these Terms shall imply or grant to you or any other third party any right to use any such Intellectual Property without the prior written permission of Guardial or the respective owner. Without limiting the foregoing, you shall not: (i) reverse engineer, decompile, disassemble, or otherwise attempt to discover any source code, model weights, or underlying ideas or algorithms of the Site or any AI/ML Technologies; (ii) use any Guardial trademarks for any purpose not expressly granted by Guardial in advance and in writing; or (iii) conduct any benchmarking or comparative study or analysis of the Site or any AI/ML Technologies, or disclose or publish the results of any such study, without Guardial’s prior written consent.
Required Technology.
Your access to and use of this Site may require certain equipment, connectivity services, and other technology (e.g., computers or other similar devices, internet connectivity, reading programs, etc.). It is your responsibility to obtain and maintain all such required technology at your own expense. Although Guardial generally tries to make this Site compatible with available technology, Guardial does not imply or guarantee in any way that this Site will be compatible with, or otherwise accessible using, any specific model, brand, or type of technology.
Confidential Information.
To the extent you are granted access to any non-public portion of this Site or receive any information marked or reasonably understood to be confidential or proprietary, including the non-public features and functions of the Materials, Guardial’s price lists, technology, trade secrets, models, and marketing strategies (collectively, “Confidential Information”), you agree to (i) take reasonable measures, using no less than a reasonable degree of care, to protect such Confidential Information from unauthorized use, dissemination, or publication; (ii) not use or disclose such Confidential Information except as expressly permitted in a written agreement with Guardial or as required to accomplish your permitted use of the Site; and (iii) not reverse engineer, disassemble, or decompile any object embodying such Confidential Information. Confidential Information does not include information that is or becomes publicly known through no fault of yours, is already in your rightful possession without a confidentiality obligation, or is approved for release in writing by Guardial.
Indemnity.
You are solely responsible for any unauthorized use of this Site. You agree to indemnify, defend, and hold harmless Guardial and its affiliates, and their respective directors, officers, employees, agents, licensors, successors, and assigns, from and against any and all claims, liabilities, damages, losses, or expenses (including reasonable attorneys’ fees and costs) arising out of, based on, or in connection with (i) your access to and/or use of this Site; (ii) your Content or Input; (iii) your use of or reliance on any Output; or (iv) your breach of these Terms or violation of any applicable law or the rights of any third party.
Changes to the Site.
Guardial reserves the right at any time to modify, suspend, or discontinue providing this Site, the Materials, the Interactive Features, or any part thereof, and to alter prices, features, specifications, capabilities, functions, licensing terms, release dates, general availability, or other characteristics of any future releases, in its sole discretion and without prior notice. Guardial may also limit the availability of this Site temporarily or permanently. Guardial shall not be liable to you or any third party for any such modification, suspension, or discontinuance.
Termination; Remedies for Breach.
If Guardial has reason to believe that you have engaged in any of the prohibited activities described in these Terms or have otherwise breached your obligations under these Terms, Guardial may, in its sole discretion and without limiting any other remedies available to it: terminate, suspend, or limit your access to or use of this Site; notify law enforcement, regulatory authorities, impacted third parties, and others as Guardial deems appropriate; refuse to provide access to this Site to you in the future; and/or take legal action against you. All provisions of these Terms that by their nature should survive termination shall survive, including, without limitation, the provisions governing Intellectual Property, the licenses granted in Sections 6 and 11, Confidential Information, disclaimers, limitations of liability, indemnification, and dispute resolution.
Disclaimer of Warranties.
USE OF THIS SITE AND ANY MATERIALS, OUTPUT, OR INTERACTIVE FEATURES YOU ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN IN CONNECTION WITH YOUR USE OF THIS SITE ARE SOLELY AT YOUR OWN DISCRETION AND RISK. THIS SITE AND ALL MATERIALS, OUTPUT, AND INTERACTIVE FEATURES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. GUARDIAL HAS AND SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE CAUSED TO YOU OR YOUR BELONGINGS (INCLUDING ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA) THAT RESULTS FROM YOUR USE OF THIS SITE OR ANY MATERIALS OR OUTPUT. GUARDIAL AND ITS SUPPLIERS AND LICENSORS EXPRESSLY DISCLAIM, TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF PERFORMANCE, DEALING, USAGE, OR TRADE, WITH RESPECT TO THIS SITE AND ALL MATERIALS, OUTPUT, AND INTERACTIVE FEATURES PROVIDED ON OR THROUGH THE SITE.
SPECIFICALLY, GUARDIAL MAKES NO WARRANTY OR STATEMENT THAT: (A) THIS SITE, THE OUTPUT, OR ANY MATERIALS WILL MEET YOUR REQUIREMENTS; (B) THIS SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS OR WILL BE FREE FROM BUGS OR MALICIOUS CODE; (C) THE MATERIALS OR OUTPUT THAT MAY BE OBTAINED FROM THE USE OF THIS SITE WILL BE ACCURATE OR RELIABLE; (D) THIS SITE OR THE MATERIALS WILL BE MAINTAINED OR UPDATED; OR (E) ANY MATERIALS OR OUTPUT YOU ACCESS, VIEW, OBTAIN, OR CONSIDER WILL MEET ANY EXPECTATIONS YOU MAY HAVE. DUE TO THE NON-DETERMINISTIC AND PROBABILISTIC NATURE OF ARTIFICIAL INTELLIGENCE AND MACHINE LEARNING TECHNOLOGIES AND LARGE LANGUAGE MODELS, OUTPUT MAY NOT BE UNIQUE, AND THE INTERACTIVE FEATURES MAY GENERATE THE SAME OR SIMILAR OUTPUT FOR YOU OR A THIRD PARTY, AND MAY IN SOME SITUATIONS PRODUCE OUTPUT THAT IS INACCURATE, INCORRECT, INCOMPLETE, BIASED, OR OTHERWISE UNDESIRABLE. YOU WILL EVALUATE THE CONTENT, NATURE, AND ACCURACY OF ANY OUTPUT AS APPROPRIATE FOR THE APPLICABLE USE CASE.
Limitation of Liability.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL GUARDIAL OR ANY OF ITS AFFILIATES, SUPPLIERS, RESELLERS, PARTNERS, OR LICENSORS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF INCOME, DATA, PROFITS, REVENUE, GOODWILL, OR BUSINESS INTERRUPTION, OR THE COST OF COVER OR SUBSTITUTE SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SITE, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND EVEN IF GUARDIAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL GUARDIAL’S TOTAL CUMULATIVE LIABILITY TO YOU ARISING FROM ALL CLAIMS UNDER OR RELATED TO THESE TERMS, OR FROM THE USE OF OR INABILITY TO USE THE SITE, EXCEED THE GREATER OF THE AMOUNTS ACTUALLY PAID OR PAYABLE BY YOU TO GUARDIAL UNDER THESE TERMS FOR THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED DOLLARS ($100.00) IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATION TO GUARDIAL UNDER THESE TERMS. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
No Compliance or Legal Advice.
Although the Site, Materials, and Interactive Features may support your compliance, governance, and/or risk management activities, you understand and agree that Guardial is not a law firm and does not provide legal or compliance advice. Any forms, documentation, or other materials or guidance provided by the Site, the Interactive Features, or any Output are offered as samples or templates and are not designed or tailored to your specific needs or requirements. You must seek your own regulatory or legal guidance on all aspects of the Site and any Output. Guardial specifically disclaims any and all liability related to your legal or compliance requirements.
Force Majeure.
Guardial shall not be liable for any failure or delay in performing any of its obligations in connection with this Site if such failure or delay is caused by the occurrence of any event beyond Guardial’s reasonable control, including, without limitation, fire, flood, strikes and other industrial disputes, failure of raw materials or transport, loss of internet or connectivity, accidents, wars, riots, insurrections, acts of God, disease, pandemics, or orders of any government department or agency.
Governing Law, Venue, and Dispute Resolution.
(a) Governing Law and Venue. THESE TERMS AND YOUR USE OF THIS SITE WILL BE GOVERNED SOLELY BY THE LAWS OF THE STATE OF GEORGIA, WITHOUT REFERENCE TO ANY CONFLICTS OF LAW PRINCIPLES THAT WOULD APPLY THE SUBSTANTIVE LAWS OF ANOTHER JURISDICTION TO THE PARTIES’ RIGHTS OR OBLIGATIONS. SUBJECT TO THE ARBITRATION PROVISIONS BELOW, THE PARTIES CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION OF THE FEDERAL AND STATE COURTS LOCATED IN FULTON COUNTY, ATLANTA, GEORGIA.
(b) Dispute Resolution; Binding Arbitration. THIS SECTION CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER. IT AFFECTS YOUR RIGHTS REGARDING HOW TO RESOLVE ANY DISPUTE YOU MAY HAVE WITH GUARDIAL. PLEASE READ IT CAREFULLY. THIS SECTION SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT.
The parties will attempt to resolve any claim, dispute, or controversy (whether in contract, tort, or otherwise) against Guardial, its agents, employees, successors, assigns, or affiliates (collectively for purposes of this Section, “Guardial”) arising out of or relating to these Terms, the Site, the Materials, the Output, Guardial’s advertising, or any related purchase (a “Dispute”) through face-to-face negotiation with persons fully authorized to resolve the Dispute, or through mediation utilizing a mutually agreeable mediator, rather than through litigation. If the parties are unable to resolve the Dispute through negotiation or mediation within a reasonable time after written notice from one party to the other that a Dispute exists, the Dispute will be settled by binding arbitration in accordance with the then-current CPR Rules for Non-Administered Arbitration. The arbitration will be conducted before one (1) independent and impartial arbitrator. The arbitration hearing shall take place in Atlanta, Georgia, and will be governed by the United States Federal Arbitration Act to the exclusion of any inconsistent state laws. The arbitrator shall base the award on the terms of these Terms and will follow the law and judicial precedents that a United States District Court Judge sitting in Fulton County, Georgia would apply to the Dispute. The arbitrator shall render the award in writing and will include the findings of fact and conclusions of law upon which the award is based. Judgment upon the arbitration award may be entered by any court of competent jurisdiction. The existence, content, and results of any negotiation, mediation, or arbitration will be treated as confidential. Notwithstanding the foregoing, either party will have the right to obtain from a court of competent jurisdiction located in Fulton County, Atlanta, Georgia a temporary restraining order, preliminary injunction, or other equitable relief to preserve the status quo or prevent irreparable harm, although the merits of the underlying Dispute will be resolved in accordance with this Section.
THE PARTIES AGREE TO ARBITRATE SOLELY ON AN INDIVIDUAL BASIS, AND THAT THESE TERMS DO NOT PERMIT CLASS ARBITRATION OR ANY CLAIMS BROUGHT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING. THE ARBITRAL TRIBUNAL MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
Waiver of Jury Trial.
To the extent any Dispute proceeds in court rather than arbitration, both parties agree to waive any right to have a jury participate in the resolution of any dispute or claim between the parties, or any of their respective affiliates, employers, or any other intended beneficiary, arising under or relating to these Terms and the use of this Site.
Waiver of Class Action Claims.
Both parties agree to waive any right to assert any dispute or claim against the other party, or any other intended beneficiary, arising under or relating to these Terms or this Site as a class action.
Regional Information.
Information Guardial publishes on this Site may contain references or cross-references to Guardial products and services that are not announced or available in your country or region of the world. Such references do not imply that Guardial intends to announce such products or services in your country. Please consult your local Guardial business contact for information regarding the products and services that may be available to you.
Modifications to these Terms.
Guardial may add to or otherwise modify these Terms (in whole or in part) at any time. Such changes are at Guardial’s discretion, and such additions or modifications shall be effective immediately upon posting to this Site. By using this Site after such additions or modifications are posted, you are agreeing to accept and comply with the Terms as modified. It is your responsibility to review these Terms periodically.
Your Privacy.
Protecting your privacy is very important to Guardial. Please review the Privacy Notice in order to better understand Guardial’s commitment to maintaining your privacy, as well as its collection, use, and disclosure of your information, including in connection with AI/ML Technologies. If you receive information about another person through this Site, you agree to keep the information confidential and only use it in connection with this Site.
Notices.
Guardial may send notices pursuant to these Terms to any email contact point you provide, and such notices will be deemed received twenty-four (24) hours after they are sent. You may send notices pursuant to these Terms, and any communications regarding this Site, to Guardial at legal@guardial.ai or by mail to Predictive IRM, LLC, Attn: Legal Department, at the address posted on the Site.
Our Relationship With You.
Guardial is an independent contractor for all purposes with respect to this Site. Nothing in these Terms shall be construed to create an agency, joint venture, partnership, or other form of business association between you and Guardial.
General.
These Terms, together with the Privacy Notice and any other rules, procedures, or protocols established by Guardial, constitute the entire agreement between you and Guardial with respect to this Site and, to the extent inconsistent with the terms of previous agreements and arrangements between you or your organization and Guardial, whether written or oral, will supersede such agreements and arrangements with respect to the subject matter they address; provided that these Terms do not supersede or modify the terms of any separate written commercial agreement between Guardial and your organization governing Guardial’s products or services. Guardial and its affiliates, and their directors, officers, employees, agents, successors, and assigns, shall be considered beneficiaries under these Terms and shall each have the right to enforce the provisions of these Terms directly, jointly, or on its own behalf. No waiver by Guardial (or any of its agents) of any right under these Terms shall be deemed to be a waiver of any other term, right, or obligation hereunder, and no delay or omission in exercising any right or remedy shall operate as a waiver thereof. To the extent any provision of these Terms, including any disclaimers set forth herein, is deemed to be unenforceable as a matter of law, such provision will be interpreted to fulfill its intended purpose to the maximum extent permitted by applicable law, and all remaining provisions of these Terms shall remain in full force and effect as written.