Agreement to conduct business electronically

The Guardian Life Insurance Company of America and its affiliated entities, including but not limited to, The Guardian Insurance & Annuity Company, Inc., Berkshire Life Insurance Company of America, Park Avenue Securities LLC, and Park Avenue Investment Advisory, LLC (together referenced as "Guardian") are required by law to provide you with certain disclosures, documents and communications when you (i) access and/or log in to a Guardian website; (ii) proceed with an electronic process in connection with an application for insurance, an annuity contract or an account (as applicable); (iii) accept electronic delivery of an approved insurance policy, annuity contract or account documentation (as applicable); and/or (iv) receive and/or request information electronically regarding your policy, contract or account (as applicable). We can only provide these disclosures and other information electronically with your consent. You are not required to conduct business electronically.

By reviewing and signing this consent form you will be agreeing to receiving certain required and other documents that are permitted by state or federal law to be provided electronically. This electronic consent includes but is not limited to the following:

applications and required forms,
underwriting determinations and required notices,
policies and outlines of coverage,
payment and billing related notices,
policy servicing forms and confirmations,
account statements and confirmations,
tax statements and related documents,
claim related forms and notifications, and
legally required disclosures, notifications and privacy notices required by state or federal law.

You will be provided or have been provided the opportunity to establish your preferences with respect to receiving certain categories of communication from Guardian and will be able to opt out of receiving them electronically at any time. You understand and agree that by consenting to electronic delivery of documents you are providing Guardian with authorization to not provide paper copy delivery of communications, notices, documents, and disclosures and to begin electronic delivery to the e-mail address you provided.

1. Definitions

The “Agreement” refers to this Agreement to Conduct Business Electronically. “You” and “your” refers to the individual, business or legal entity agreeing to conduct business electronically and/or election of the electronic delivery of required documents related to Guardian products.

2. Consumer Consent

With your consent, Guardian can deliver disclosures and information to you by: displaying or delivering the information electronically and requesting that you print or download the information and retain it for your records. Your consent also permits Guardian to use an electronic signature and electronic records in connection with the requested transaction(s).

By clicking "I Agree" or “I Accept” or taking other similar actions required of you electronically to affirmatively demonstrate your consent, you agree that:

Guardian can provide all disclosures required by law and other information about your legal rights and duties electronically.
Guardian may send the disclosures and other information to you electronically via email or text message or via a Guardian portal or any other electronic means used for such purpose.
The use of a key pad, mouse or other device to click "I Agree" or “I Accept” constitutes your signature, acceptance and agreement as if actually signed by you in writing and has the same force and effect as a signature affixed by hand. You agree that the lack of a certification, authority or other third-party verification will not in any way effect the validity or enforceability of your signature.
By logging in, entering a Guardian website and making a request, or otherwise following a procedure to verify your identity and intent to make a request, you are applying your electronic signature to your request. In addition to making disclosures and information available to you electronically, your electronic signature applies to all requests and transactions, present and future, you make electronically on the website, unless your consent is withdrawn.

3. Electronic Tax Statements

You will have the opportunity to elect your preference to receive electronic tax statements (and related notices). Your consent to receive and access tax statements electronically will apply until you withdraw your consent. You must make your election on or before December 31st to ensure the change will take effect for the current tax year. When the latest tax statement becomes available on the Guardian website, a notification will be sent automatically to the e-mail address provided upon registration, or as otherwise updated on the Guardian website. Tax statements will remain on the secure Guardian website for 3 years. If you do not consent to receive your tax statements electronically, Guardian will provide you with paper copies.

You may withdraw your consent to receive electronic tax statements any time by returning to the Guardian website and changing your preference to receive electronic tax statements. Your withdrawal must be received by December 31st to ensure the change will take effect for the current tax year. Any withdrawal of consent will not apply to a statement that was furnished to you electronically before the effective date of your withdrawal. If you withdraw your consent, your preference to receive paper copies of your tax statements will be reflected on the Guardian website.

4. Withdrawal of Consent to Use Electronic Records

If you decide that you no longer wish to use electronic records or proceed with an electronic process for the purposes described herein, you must notify Guardian that you are withdrawing your consent to use electronic records or proceed with an electronic process. You may withdraw that consent at any time. If you withdraw your consent, Guardian will not be able to continue processing any transactions you have requested electronically but may continue processing any requested transactions through non-electronic means. Furthermore, for Guardian affiliate Park Avenue Securities LLC, clients shall be charged a $3.00 mailing fee for statements and confirms. The provisions of the Agreement will remain in full force and effect until terminated in accordance with the provisions hereof.

5. Procedure to Update Information Required to Contact You Electronically

If you consent to use electronic records or proceed with an electronic process and your e-mail address changes or there is some other change in the method by which Guardian can contact you electronically, you must update your profile on the Guardian website with your updated contact information or contact Guardian at 1-888-Guardian (482-7342). 

6. How You Can Obtain a Paper Copy of Your Records

You have the right to receive disclosures and other information in paper form. You may request paper copies of any disclosure or other information by contacting Guardian at 1-888-Guardian (482-7342). You may also view and print certain documents, including tax statements, on the Guardian website.

7. Hardware and Software Requirements

To access and retain information and electronic records from Guardian, you must be able to view, print or download pdf documents from your browser.
Have access to an internet service using one of the following web browsers/applications as may be applicable to your circumstances.
For best experience use:
- Browsers - (the latest version, plus the two previous versions)
  - Safari
  - Chrome
  - Firefox
  - Edge
  - NOTE: Cookies must be enabled on your browser to maintain your session
- Mobile Devices – (with the most recent software updates applied)
  - iOS
  - Android
- PDF Viewers
  - Acrobat or similar software may be required to view, print, or download PDF files.

If you are registering as a user and you do not have the required software and/or hardware, or if you do not wish to use electronic records and signatures for any other reason, DO NOT select "I Agree" or “I Accept” where shown on the screen and the registration process will be terminated.

8. Legal Effect

By consenting, you agree that electronic disclosures and information have the same meaning and effect as if Guardian provided paper disclosures to you. Disclosures and information are considered to be received by you within 24 hours of the time emailed or posted in a Guardian portal.

9. General

Your consent does not mean that Guardian must provide the disclosures and information electronically. Guardian is still permitted, at its option and discretion, to deliver any and all disclosures and information on paper. Guardian may also require that certain communications from you be delivered to Guardian on paper at a specified address.

Although electronic documents are provided without charge, you understand that other online subscriptions or access fees by internet service providers may apply. You must maintain the ability to access and open electronic documents. You agree that, notwithstanding a request for electronic delivery of information, Guardian may in its sole discretion send you copies of documents in paper copy form.

Guardian reserves the right to cancel its provision of disclosures and information electronically as described in this Agreement, change the terms of use of any service or send disclosures and information in paper form at any time. Guardian is responsible for sending the information and disclosures electronically but is not responsible for any delay or failure of your receipt.

Guardian may record certain data and metadata concerning any transaction performed on the site in order to process any transactions or requests, to maintain a history of the transactions performed using the site, to resolve disputes, and for other business, legal, or regulatory reasons and may retain such information for the period of time required by such business, legal or regulatory requirements. This data and metadata may include and is not limited to: IP addresses; mouse clicks; scrolling; keystrokes; an audit trail showing your activity within a Guardian website which may include but is not limited to: the screens that you viewed; your responses to any questions or prompts; the amount of time for each session; and other information indicating your experience in submitting or receiving information to Guardian, or requesting that Guardian take action in response to a request made by you.

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PLEASE DO NOT PROCEED AND YOU SHOULD LEAVE THE SITE IMMEDIATELY.

10. Acceptance

By agreeing, you agree and affirm:

That you have read this Agreement to Conduct Business Electronically and consent to the terms thereof.
That you are authorized to give this consent, have access to the internet and are at least 18 years of age.
That you understand that there are certain risks associated with the transmission of confidential information, electronic delivery notifications, and other communications through electronic delivery over the internet including but not limited to unauthorized access, system outages, delays and disruptions in telecommunications services and the internet.
You understand and acknowledge that you are not required to consent to electronic delivery of disclosures and other information and that you can withdraw your consent at any time.
You understand that you may request paper copies of any disclosure or other information by contacting Guardian at 1-888-Guardian (482-7342).