Terms and Conditions
GT Terms Of Use Agreement
Please read the terms and conditions of this Terms of Use Agreement (“Agreement”) before clicking “I Accept.” By accepting this Agreement, User agrees to be bound by its terms. This Agreement contains the terms and conditions that govern access to and use of the GT Products.
Use of the GT Products
This Agreement is made by and between you (“User”) and Guardiantrac, LLC d/b/a GT Independence (“GT”). By accessing or using the GT Products (as defined in the following paragraph) in any way, the User agrees to and is bound by the terms of this Terms of Use Agreement. If User does not agree to all of the terms and conditions contained in the Terms of Use, do not access or use the GT Products. The GT Products are subject to these Terms of Use. GT reserves the right to update these Terms of Use at any time without notice to the User.
GT provides the User with access to the GT Portal, GT App, GT Enroll, eNitial, GT Budget Tool, and other web-based applications, platforms, features, content, software, computer code, services, developer tools, sample code, and related resources (collectively, the “GT Products”). The GT Portal supports secure web-based access to reports, budgets, payment documentation, program documents, communications, and time-entry or approval functions; the GT App supports mobile timekeeping, service documentation, participant review and approval, and electronic visit verification, including offline capture and synchronization; GT Enroll supports guided enrollment, form completion, secure document upload, training, and enrollment status tracking; eNitial supports electronic packet creation, secure signature capture, and electronic signature workflows; and GT Budget Tool supports budget planning and tracking, including access to authorized amounts, utilization, balances, alerts, and reports, in each case as available for the applicable program. GT hereby gives User permission to access and use the GT Products, subject to the conditions and limitations set forth herein. User may use the GT Products only while this Agreement remains in effect. User, not GT, is entirely responsible for use of the GT Products and all information that User transmits through the GT Products. GT does not control User’s Submissions, and, as such, does not guarantee the accuracy, integrity or quality of the information User submits. User represents and warrants that all information provided by User to GT or through the GT Products is accurate and reliable. User further represents that, to the best of User’s knowledge and belief, User’s use of the GT Products does not directly or indirectly infringe on the legal rights of a third party. User agrees that User will only use the GT Products for legitimate and lawful reasons associated with User’s services from GT.
As a condition of the use of the GT Products, the User agrees to not use them for any purpose that is unlawful or prohibited by these terms and conditions. User may not use the GT Products in any manner that could damage, disable, overburden or impair any GT server or the networks connected to any GT server, or interfere with any other party’s use of the GT Products. User may not attempt to gain unauthorized access to the GT Products, other accounts, computer systems or networks connected to any GT server or to any of the GT Products, through hacking, password mining or any other means. User may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the GT Products. User represents and warrants that User’s access to, and use of the GT Products, will not: (i) violate any laws; (ii) be defamatory, deceptive, offensive, discriminatory, obscene, or otherwise inappropriate; (iii) consist of “spamming”, sending unsolicited bulk e-mail or other messages, or sending unsolicited advertising; (iv) be threatening or harassing; (v) involve impersonating another person; or (vi) violate the terms and conditions or use of any application, software, or other function made available by GT.
E-Signature
By using any GT Product that provides an electronic signature, approval, acknowledgement, or submission function, including GT Enroll, eNitial, the GT Portal, or the GT App, to submit enrollment forms, timesheet entries, training, or other documentation, User agrees that any electronic symbol or process attached to, or associated with, a document or other record with the intent to sign, authenticate, approve, acknowledge, or accept such contract or record or any other certificate, agreement or document submitted through a GT Product, and any contract formation or record-keeping through electronic means shall have the same legal validity and enforceability as a manually executed signature or use of a paper-based recordkeeping system to the fullest extent permitted by applicable law.
Compliance with Laws
User must use the GT Products in accordance with all applicable laws, regulations and statutes. User agrees that neither User nor any licensees (if any) intend to or will, directly or indirectly, export or transmit the GT Products to any country in violation of export restrictions.
Rights to Intellectual Property and Information
All right, title and interest to intellectual property contained in or made available through the GT Products remains with GT. The GT Products and all content within the GT Products may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed, or used for the creation of derivative works except as allowed by permissions granted to User’s account. GT grants Users a non-exclusive, non-transferable, limited permission to access and display the content within the GT Products, solely on User’s device and for the specific use for which User is expressly authorized. This permission is conditioned on User’s observance and maintenance of all copyright, trademark, and other proprietary notices, and User’s acceptance of all terms, conditions, and notices accompanying the content or otherwise applicable to the GT Products.
Failure to comply with the terms, conditions, and notices applicable to the GT Products will result in automatic termination of any rights granted to User, without prior notice. All copies of downloaded materials in User’s possession or control containing PHI shall be strictly maintained in accordance with HIPAA (as defined below) and other applicable laws. Except as expressly provided herein, GT does not grant User any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights. User may not mirror any content from the GT Products on another Web site or in any other media.
Confidential Information Privacy and Protection of Personal Information
As a condition of the use of the GT Products, User agrees to not disclose any i) Protected Health Information (“PHI”), information protected under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) or ii) any proprietary or confidential information contained in or accessed through the GT Products, (collectively, all such information referred to as “Confidential Information”). User agrees to report to GT any security incident or breach of which User is or becomes aware that any Confidential Information, including any PHI or other protected health information is compromised. User agrees to use any Confidential Information solely in connection with the User’s authorized use of the GT Products subject to the terms of this Agreement. No other right or license, whether expressed or implied, in the Confidential Information is granted to the User.
Effective Time; Termination
This Agreement shall take effect at the time User first accesses or uses the GT Products and shall remain in effect until this Agreement is terminated. Either party may terminate this Agreement at any time, with or without cause, upon ten (10) days’ prior notice. If User wishes to terminate this Agreement, User must do so by deleting User’s account online. In addition, GT may terminate this Agreement immediately if: (i) User breaches this Agreement or (ii) in GT’s sole discretion, an audit demonstrates unusual or inappropriate use of the GT Products from User’s account. In the event of termination for any reason, User’s right to use the GT Products shall end immediately. User must destroy all copies of relevant software on User’s computer or in User’s possession, if applicable.
Links
The GT Products may provide links to other websites or resources. User acknowledges and agrees that GT is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, services or other materials on or available from such sites or resources. User further acknowledges and agrees that GT shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with User’s use of or reliance on any such content, goods, products or services available on or through any such site or resource.
Privacy
The GT Products are designed to be compliant with the privacy and security requirements of the Health Insurance Portability and Accountability Act of 1996 and are protected using industry standard security measures. While the security measures should reasonably protect User’s information and use of the GT Products, if User has any concerns regarding the security of User’s information or the use of the Internet to access User’s medical record or transmit information through the GT Products, User should not use the GT Products.
Disclaimer of Warranty
THE GT PRODUCTS AND ALL INFORMATION MADE AVAILABLE THROUGH THEM ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. USER’S USE OF THE GT PRODUCTS AND ACCESS TO ANY CONFIDENTIAL INFORMATION OR OTHER INFORMATION HEREIN IS PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT. GT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE AVAILABILITY, USE, TIMELINESS, SECURITY, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE CONTENT OF THE GT PRODUCTS OR ANY OTHER PRODUCTS, SITES, OR RESOURCES LINKED TO OR FROM THE GT PRODUCTS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE GT PRODUCTS IS DONE AT USER’S OWN DISCRETION AND RISK AND USER IS SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL, OR USE OF THE GT PRODUCTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, PROVIDED BY GT WILL BE DEEMED TO ALTER THIS DISCLAIMER OF WARRANTY, OR TO CREATE ANY WARRANTY.
Limitation of Liability
USER EXPRESSLY UNDERSTANDs AND AGREEs THAT GT SHALL NOT BE LIABLE TO USER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT ARISE FROM USER’S USE OR INABILITY TO USE THE GT PRODUCTS INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR INJURY, ILLNESS, DISABILITY, LOSS OF USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF GT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). IN NO EVENT SHALL THE AGGREGATE LIABILITY OF GT EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, PAID BY USER TO GT FOR ACCESS TO AND USE OF THE GT PRODUCTS. THE SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE GT PRODUCTS WILL BE TO STOP USING THEM. THE FOREGOING PROVISIONS SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
Indemnity
In consideration for GT granting User permission to use the GT Products, User expressly releases and holds harmless GT, as well as its trustees, officers, directors, employees, agents and affiliates from any and all claims, liabilities, demands, causes of action, costs, expenses, and damages of every kind and nature, in law, equity, or otherwise, arising out of or in any way related to User’s use of the GT Products, or any of the data, applications, software, or other content obtained or utilized by accessing or using the GT Products, whether or not arising from any acts or omissions by GT, or its trustees, officers, directors, employees, agents or affiliates.
In addition, User shall indemnify and hold harmless GT, and its officers, directors, agents, affiliates, and employees, against all actual and direct losses, liabilities, damages, claims, costs or expenses (including reasonable attorney’s fees) they may suffer as the result of third-party claims, demands, actions, investigations, settlements or judgments against them arising from or in connection with any breach of this Agreement, or from any claim of any nature or any wrongful acts or omissions, by User or User’s Authorized Users or User’s other employees, officers, or agents.
Governing Law; Legal Jurisdiction
The laws of the State of Michigan govern this Agreement, User’s access to and use of the GT Products, and the data and other content obtained thereby under this Agreement, without regard to conflict of law principles. User hereby submits to the exclusive jurisdiction of the courts in the State of Michigan with venue in St. Joseph County, and waives any jurisdictional venue or inconvenient forum objections to such courts.
Geographic Restrictions and Prohibited Technologies
Use of the GT Products is restricted to users physically located within the United States. By accessing or using the GT Products, you represent and warrant that you are located in the United States at the time of access and that you will not use, or attempt to use, the GT Products from outside the United States.
The use of technologies or services that mask or falsify your geographic location, including but not limited to virtual private networks (VPNs), proxy services, anonymizers, or other location-obscuring methods, is strictly prohibited. Any access or attempted access to the GT Products in violation of these geographic and technological restrictions may result in immediate termination or suspension of your access privileges and may constitute a breach of applicable laws, regulatory requirements, and these Terms and Conditions.
We reserve the right to monitor access to the GT Products for compliance with these restrictions and to take any necessary action, including disabling or limiting access, to protect the integrity, security, and lawful use of our services.