This Terms of Service (this "Agreement") is made by and between The Guardian Life Insurance Company of America ("Guardian"), and the consumer customer ("Consumer") of an agent of Guardian (the "Financial Representative").
This Agreement sets forth the general terms and conditions of Consumer's access to and use of the Wealth Steps® website (the "Service"). Once Consumer accepts and clicks "I Accept" on the Consumer Site, Consumer agrees to
all of the terms and conditions of this Agreement.
Consumer acknowledges that, as the Service is enhanced, Consumer may be required to agree to additional terms and conditions as a condition to the continued use of the Service. Consumer further acknowledges that Guardian may
change the terms and conditions applicable to use of the Service and Guardian will obtain Consumer's agreement to such changed terms and conditions by presenting a revised Terms of Service to Consumer for acceptance. If Consumer
declines to accept the revised Terms of Service, Guardian has the right to immediately terminate Consumer's access to and use of the Service.
Privilege to Access and Use the Service
During the term of and subject to the terms and conditions of this Agreement, Consumer may access and use those aspects of the Service intended for access and use by consumers (the "Consumer Site"). Consumer shall not (1) access
or use any aspect of the Service other than the Consumer Site, (2) access or use the Service for any purposes other than personal use or (3) access or use the Service in any unlawful manner or in violation of this Agreement.
Consumer understands, acknowledges and agrees that:
The Financial Representative has authorized Consumer to access and use the Consumer Site. The Financial Representative may at any time, in his, her or its sole discretion, terminate such authorization. Upon notification that the
Financial Representative has terminated his, her or its authorization of Consumer's use of the Consumer Site, Guardian will immediately terminate Consumer's access and use of the Service without notice.
- Guardian retains the right to establish practices and/or limits in connection with the Service.
Except as otherwise provided herein, the Consumer's Financial Representative shall have access to the information contained in the Consumer Site. Consumer agrees that by requesting a review with a 'Wealth Steps professional', all
inputted information contained in the Consumer Site will be released to the Financial Representative.
Consumer is solely responsible for all financial decisions made by Consumer, whether made in connection with use of the Service, upon recommendation from the Financial Representative or otherwise. Guardian and the Financial Representative
are empowered to act on behalf of the Consumer only upon receipt of instructions from the Consumer.
Guardian does not guarantee or warrant that any part of the Service is free of viruses or other harmful code. Consumer must take appropriate precautions, such as use of an anti-virus software package, to protect his or her computer
hardware and software.
Consumer is responsible for obtaining his or her own hardware, software and services (such as computers, web browsers and Internet access service) necessary to access and use the Service and for payment of all fees involved in obtaining
such hardware, software and services.
Consumer shall be solely responsible for safeguarding his or her login credentials such as User Name and Password. Consumer must immediately notify the Financial Representative if his or her login credentials are compromised. Guardian
has no liability for any loss, claim, or other damages that result from unreported, unauthorized use of Consumer's login credentials.
Other Terms and Conditions
Consumer may terminate use of the Service at any time by contacting the Financial Representative. Once Consumer has terminated use of the Service, Consumer will have no further access to the Service.
Guardian may modify or discontinue offering the Service at any time, with or without notice to Consumer, for any reason or no reason.
The Service may provide links to web sites not operated by Guardian. Guardian provides links to such third party web sites for Consumer's convenience and such links may be removed at any time. Guardian does not investigate the quality, accuracy
or completeness of any content on third party web sites. The inclusion of any link does not imply endorsement by Guardian of such website. Consumer acknowledges and agrees that Guardian is not responsible or liable for any content, advertising,
products or other materials on or available from third party web sites.
Consumer's employer (the "Employer") may have facilitated or arranged Consumer's introduction to the Financial Representative, however any such facilitation or arrangement does not constitute an endorsement or recommendation of the Financial
Representative, Guardian, or the Service. Any personal information provided by Consumer to Financial Representative is subject to the privacy and security policies of Guardian, and Employer will not have access to any such information unless it
is separately provided by Consumer. The Employer does not control or guarantee the currency, accuracy, relevance or completeness of any information transmitted by the Financial Representative.
THE SERVICE IS FURNISHED "AS IS" AND WITHOUT ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES INCLUDING, WITHOUT LIMITATION, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AVAILABILITY OF ALL OR ANY PART OF THE SERVICE,
AND FREEDOM FROM ERRORS, VIRUSES, BUGS OR OTHER HARMFUL COMPONENTS.
GUARDIAN SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT COULD RESULT FROM THE INTERCEPTION BY THIRD PARTIES OF ANY INFORMATION PROVIDED IN CONNECTION WITH THE SERVICE, INCLUDING INFORMATION WITH RESPECT TO THE OUTSIDE ACCOUNTS. GUARDIAN AND
ITS AFFILIATES, INCLUDING THEIR RESPECTIVE DIRECTORS, OFFICERS AND EMPLOYEES WILL NOT BE LIABLE AND WILL NOT HAVE ANY RESPONSIBILITY OF ANY KIND FOR ANY LOSS OR DAMAGE CONSUMER INCURS IN THE EVENT OF ANY FAILURE OR INTERRUPTION OF THE SERVICE, OR
RESULTING FROM THE ACT OR OMISSION OF ANY OTHER PARTY INVOLVED IN MAKING THE SERVICE OR THE DATA CONTAINED THEREIN AVAILABLE TO CONSUMER OR FROM ANY OTHER CAUSE RELATING TO CONSUMER'S ACCESS OR INABILITY TO ACCESS OR USE THE SERVICE, WHETHER OR NOT
THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF GUARDIAN OR ANY VENDOR PROVIDING SOFTWARE OR SERVICES SUPPORT. GUARDIAN SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE
DAMAGES EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME.
IF THE FOREGOING DISCLOSURE OF WARRANTIES AND LIMITATION OF LIABILITY IS HELD TO BE UNENFORCEABLE, CONSUMER AGREES THAT GUARDIAN'S LIABILITY TO CONSUMER, WHETHER IN TORT, CONTRACT OR OTHERWISE, FOR ALL CAUSES SHALL NOT EXCEED IN THE AGGREGATE $500.
If any clause or provision set forth in this Agreement 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 severable without
affecting the enforceability of all remaining clauses or provisions.
This Agreement and Consumer's access to and use of the Service shall be governed by the laws of the United States of America and the State of New York. The state courts and federal courts in the City of New York shall have exclusive jurisdiction over any and
all claims, disputes or other controversies relating to or arising from this Agreement or Consumer's access to or use of the Services. Consumer hereby expressly consents to the exercise of jurisdiction over Consumer by such courts. To the fullest extent permitted
constitute the entire agreement between Consumer and Guardian and supersedes any and all other agreements, representations and understandings, whether written or oral. This Agreement may not be modified or amended by Consumer without the prior written consent
of Guardian. The "Living Balance Sheet" and "Wealth Steps" are registered trademarks of Guardian.