(Including Important Legal Notices, Disclaimers, and Disclosures)
Terms and Conditions of Use of the website of The Guardian Life Insurance Company of America and its affiliated entities, including, The Guardian Insurance & Annuity Company, Inc., Berkshire Life Insurance Company of America and Park Avenue Securities LLC (together referenced as "Guardian").
Your accessing and use of Guardian's website (the "Site") indicate your agreement to the Terms and Conditions of Use ("Terms") contained below and any modifications of these Terms made by Guardian, and constitute your representation that you have reviewed and agreed to all such Terms, including the applicable Privacy Policies found here. These Terms constitute a binding agreement between you and Guardian.
By clicking "I Agree", you hereby consent and agree that the use of a key pad, mouse or other device to click "I Agree" 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.
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; 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.
You agree that you are able to view the Site and any information available using your computer software and hardware.
Software and Hardware Requirements:
To access and retain information from Guardian, you must:
- Be able to view the disclosures on your monitor and save files to your computer or send screen prints to your printer, which can be done with your browser.
- Be able to receive email that contains hyperlinks to Websites in order for Guardian to provide information to you.
- Have access to an Internet service using one of the following Web browsers as may be applicable to your circumstances:
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" where shown on screen and the registration process will be terminated.
Your consent does not mean that Guardian must provide the information electronically. Your consent allows Guardian, at its option, to deliver information on paper if it chooses to do so. Guardian may also require that certain communications from you be delivered to Guardian on paper at a specified address.
This covers your consent and/or agreement to be bound with the same force and effect as if you had signed your name on paper by hand when submitting requests electronically. You understand that by logging in, entering the Site and making a request, or otherwise following a procedure to verify your identity and intent to make a request, that you are applying your electronic signature to your request. In addition to making information available to you electronically, your electronic signature applies to all requests and transactions you make electronically on the Site.
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SITE. IF YOU DO NOT AGREE TO THESE TERMS, OR ANY REVISED TERMS, YOU ARE NOT AUTHORIZED TO ACCESS THE SITE AND SHOULD LEAVE IMMEDIATELY.
Unauthorized access to or use of this system is strictly prohibited and may constitute a violation of federal and state laws. Violators may be subject to disciplinary action and, where appropriate, prosecuted to the fullest extent of the law. By logging in you certify that you are authorized to access and use the Site.
Ownership of the Site and Content.
Guardian is the owner or licensee of all rights in the Site, including all copyright and other intellectual property rights in the content, graphics, text, software, and services contained on, embodied in or provided through the Site, all of which are protected under U.S. and international copyright laws. You agree not to reproduce or otherwise use such content, graphics, text, software or services in any way unless expressly authorized in these Terms.
GUARDIAN®, THE GUARDIAN LIFE INSURANCE COMPANY OF AMERICA® and the GUARDIAN G® Logo as well as PARK AVENUE SECURITIES® are service marks of Guardian, and other trademarks and service marks on the Site are proprietary trademarks and/or service marks of Guardian or its licensors or providers unless otherwise indicated. No right, title or interest in any such marks is granted you in these Terms, and you are not authorized to reproduce or otherwise use any such marks absent prior express written approval from Guardian or the applicable licensor or provider in each instance.
Your Permission to use Guardian's Site.
Subject to the terms and conditions set forth herein, Guardian grants you a non-transferable, limited, revocable permission to view, copy, and print the materials on the Site for informational, personal and noncommercial, excluding transactions under the terms and conditions for products owned and listed on the Site, purposes only.
You shall not use any automated system (such as "robots" and "spiders") to access, obtain or copy materials from the Site, and will not use any spyware or other means to access information provided by others, provided that operators of public search engines (but not their customers or users) are granted a limited, revocable permission to use spiders to copy material posted on the Site for the sole purpose of creating publicly available search indices (but not caches or archives of such material). You agree not to collect or harvest any personally identifiable information from the Site, or solicit for commercial purposes any other users of the Site.
Guardian's Site is Provided "As Is"; You Are Responsible for Use of Guardian's Site.
The Site is provided for informational purposes only, and is not a substitute for seeking financial advice concerning your specific circumstances from a qualified attorney, accountant, investment or other professional advisor. As a courtesy, Guardian makes efforts to ensure the accuracy of information provided, but the accuracy of information on the Site is not guaranteed and may be subject to change without notice, and revisions to material posted on the Site may not be made immediately following any such change. While the Site (i) may display language or features from an insurance policy/policies or a variable annuity contract/contracts; or (ii) may summarize certain features of an insurance policy/policies, or a variable annuity contract/contracts, nothing stated in the Site modifies, alters, or supplants the terms of any insurance policy or annuity contract in any way, nor should such content be construed as such.
The information contained on the Site is not intended, in any manner, as an official brokerage or mutual fund statement, quarterly performance report or a record of policy values. The information is not to be used as an official books and records statement of Guardian or its affiliates. Any performance data quoted represents past performance and does not guarantee future results. The investment return and principal of an investment will fluctuate so that an investor's shares when redeemed may be worth more or less than original cost. The values represented on the Site may not reflect the true original cost of your initial investment. You should not rely on this information for any financial decision making. You are encouraged to review and maintain the official source document(s) provided by the account or policy custodian(s). Those source documents may contain notices, disclosures and other important information and may also serve as a reference should questions arise regarding the accuracy of the information in this report. Always refer to these source documents for lending, legal or tax purposes.
Some content of the Site, including but not limited to Park Avenue Securities account data, exchange data, market data, news, and other information services, are provided by third parties as a convenience to you ("Third Party Content"). Third Party Content is outside Guardian's control. Neither Guardian nor the provider of the Third Party Content, take responsibility for the suitability of the Third Party Content. The provision of the Third Party Content is not an endorsement of the Third Party Content, any third party service, or its sponsoring organization. REFERENCE TO A FUND OR SECURITY INCLUDED ANYWHERE IN THE SITE IS NOT A RECOMMENDATION TO BUY, SELL, OR HOLD THAT, OR ANY OTHER SECURITY.
THE SITE AND THE INFORMATION CONTAINED ON GUARDIAN'S SITE ARE PROVIDED "AS IS" AND AS AVAILABLE. GUARDIAN MAKES NO, AND TO THE FULLEST EXTENT PERMITTED BY LAW HEREBY DISCLAIMS ANY, WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE OR PURPOSE**.
**In any jurisdiction that does not permit the exclusion of implied warranties, this exclusion may not apply to you.
WITHOUT LIMITING THE FOREGOING:
GUARDIAN DOES NOT GUARANTEE, AND DISCLAIMS ANY WARRANTY, THAT THE SITE WILL BE AVAILABLE AT ALL TIMES, WILL OPERATE WITHOUT INTERRUPTION OR ERROR, OR WILL BE FREE OF AND SECURE FROM VIRUSES, worms, "Trojan horses", hacking, or other harmful or destructive elements created by others, or from cookies placed by GUARDIAN OR OTHERS. You understand that you are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output; AND
GUARDIAN MAKES NO WARRANTY AS TO THE RELIABILITY, ACCURACY, TIMELINESS, USEFULNESS, ADEQUACY, COMPLETENESS OR SUITABILITY OF THE SITE OR INFORMATION OR SERVICES PROVIDED THROUGH THE SITE.
YOU AGREE TO BE SOLELY RESPONSIBLE FOR YOUR USE OF GUARDIAN'S SITE, WHICH IS AT YOUR OWN RISK, AND YOU ASSUME FULL RESPONSIBILITY FOR AND RISK OF LOSS RESULTING FROM YOUR USE. GUARDIAN, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND INFORMATION PROVIDERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE SITE EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THESE LIMITATIONS SHALL APPLY WHETHER THE ASSERTED LIABILITY OR DAMAGES ARE BASED IN CONTRACT (INCLUDING, BUT NOT LIMITED TO, BREACH OF WARRANTY), TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR ANY OTHER LEGAL OR EQUITABLE GROUNDS. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE.
IF THE FOREGOING DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY ARE HELD TO BE UNENFORCEABLE, YOU AGREE THAT GUARDIAN'S LIABILITY TO YOU, WHETHER IN TORT, CONTRACT OR OTHERWISE, FOR ALL CAUSES SHALL NOT EXCEED IN THE AGGREGATE $500.
You will indemnify, defend and hold harmless Guardian and its related companies, licensees and successors, and its and their officers, directors, shareholders, employees and agents, from and against any losses, damages, judgments, liabilities, costs and expenses (including reasonable attorney's fees) directly or indirectly arising from or relating to your breach of any of these Terms.
Should you be redirected from the Site directly to other websites (i.e. NetXInvestor for Park Avenue Securities clients) to provide further content you agree to the terms and conditions of use of that website.
These Terms constitute the entire and only understanding between you and Guardian regarding your use of the Site. No modification or attempted modification of these Terms by you shall be binding on Guardian unless made in writing and physically signed by an authorized representative of Guardian. Guardian may modify these Terms at any time and such modifications shall be effective immediately upon posting the modified terms and conditions on the Site.
The Site is being provided by Guardian as a courtesy to you, and Guardian reserves the right to modify, discontinue, temporarily or permanently, the Site, or any part thereof, at any time, with or without notice. In addition, your access to the Site may be discontinued at any time if you violate the terms set forth herein or if Guardian determines, for any other reason, in its sole discretion, that it is no longer appropriate for you to have access to the Site.
Notices sent to you by Guardian in connection with these Terms or your use of the Site may be delivered to you by electronic mail, a general notice on the Site, or by written communication delivered by first class U.S. mail or provided by any other legally permissible method.
Failure by Guardian to enforce any provision of these Terms shall not be deemed a waiver of such provision or any other provision.
If any clause or provision set forth in these Terms is determined to be illegal, invalid or unenforceable under present or future law, then the clause or provision so determined to be illegal, invalid or unenforceable shall be construed to achieve the parties’ intentions as set forth in these Terms as nearly as possible, and all other clauses or provisions shall remain in full force and effect.
Guardian and its affiliates, subsidiaries, employees and agents do not provide legal, tax, or investment advice in the materials of this website including but not limited to any blogs. The information provided does not constitute a solicitation of an offer to buy or an offer to sell financial or insurance products. Tax laws and regulations are complex and subject to change. The information provided is not intended or written to be used, and cannot be relied on, to avoid penalties imposed by the Internal Revenue Service or state or local tax law provisions. For information that is specific to your situation, consult with your attorney or tax advisor. The material provided on the Site, including the blogs, is intended to potentially assist you in planning for your future and insurance planning. Guardian is not responsible for the consequences of any decisions or actions taken in reliance upon or as a result of the information provided by this material.
These Terms are governed by the laws of the State of New York without regard to its conflicts of laws rules or principles. You agree that any dispute arising from or relating to these Terms or your use of the Site shall be brought and maintained solely in the state or federal courts located in New York County, New York. You hereby consent to the exercise of jurisdiction over you by such courts. To the fullest extent permitted by applicable law, you and Guardian hereby waive any right to a jury trial with respect to any action brought under or in connection with these Terms. The headings used in these Terms are for convenience only and do not form a substantive part of the Terms.