TERMS & CONDITIONS OF USE

(Including Important Legal Notices, Disclaimers, and Disclosures)

Terms and Conditions of Use of My Retirement Walk™ Site of The Guardian Life Insurance Company of America (“Guardian”).

Your accessing and use of Guardian’s My Retirement Walk website (“MRW” or 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 Privacy Policy found here. These Terms constitute a binding agreement between you and Guardian.

IF YOU DO NOT AGREE TO THESE TERMS, OR ANY REVISED TERMS, YOU ARE NOT AUTHORIZED TO ACCESS THE SITE AND SHOULD LEAVE IMMEDIATELY.

You must be at least 18 years old and a resident of the United States to use MRW. By accessing and/or using the Site you represent to Guardian that you meet these criteria. IF YOU DO NOT MEET THESE CRITERIA YOU ARE NOT AUTHORIZED TO ACCESS THE SITE AND SHOULD LEAVE IMMEDIATELY.

Ownership of MRW Site and Content.

Guardian is the owner or licensee of all rights in MRW, 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.

MY RETIREMENT WALK™, GUARDIAN®, THE GUARDIAN LIFE INSURANCE COMPANY OF AMERICA® and the GUARDIAN G® Logo 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 MRW.

Guardian hereby grants you a limited, revocable permission to view, copy, print and distribute the materials on this Site, and post links to the Site, subject to the following conditions:

  • The materials shall be used for informational purposes only.
  • The materials shall be used for your personal, noncommercial purposes only.
  • Any copy of the materials or portion thereof, and any link to the Site, must include the following copyright notice in its entirety:

“Copyright © 2014 The Guardian Life Insurance Company of America. All rights reserved. These materials may not be used in whole or in part except for personal, noncommercial informational purposes.”

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 MRW is Provided “As Is”; You Are Responsible for Use of Guardian’s MRW.

This Site is provided for general informational purposes only, and is not a substitute for seeking financial advice concerning your specific circumstances from a qualified attorney, accountant or other professional advisor. As a courtesy, Guardian makes efforts to ensure the accuracy of information provided, but the accuracy of information on MRW is not guaranteed and may be subject to change without notice, and revisions to material posted on MRW may not be made immediately following any such change.

SERVICES PROVIDED THROUGH AND INFORMATION CONTAINED ON GUARDIAN’S MRW 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.

WITHOUT LIMITING THE FOREGOING:

GUARDIAN DOES NOT GUARANTY, 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 MRW OR INFORMATION OR SERVICES PROVIDED THROUGH MRW.

YOU AGREE TO BE SOLELY RESPONSIBLE FOR YOUR USE OF GUARDIAN’S MRW, 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 MRW 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 MRW IS TO STOP USING MRW.

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.

Guardian is Not Responsible for Third Party Materials or Links To or From Other Sites.

Any non-Guardian providers listed on MRW, the My Retirement Walk Facebook Page, and any non-Guardian bloggers or authors whose material is posted on MRW, are independent contractors. They are not under the control of Guardian, nor are they agents or employees of Guardian, which disclaims any responsibility for their materials, postings and actions.

Guardian’s MRW may contain links to other websites, and other websites may provide links to this Site. These links are provided for your convenience only. Guardian is not affiliated with these web providers. You should not consider any link to or from another website as an endorsement of that site by Guardian unless expressly stated by Guardian. Guardian does not control these other websites and assumes no liability or responsibility for them, including the functionality, safety, freedom from viruses and similar destructive elements, or security of any such websites, or the accuracy of any content or services provided to you by such websites.

Complaints about Site Content.

Guardian respects the intellectual property and privacy rights of others. If you believe that any material on the Site infringes or violates any copyright, trademark, publicity, privacy or other rights you own, defames or disparages you or your goods and services, or is otherwise unlawful or improper, please send a notification to the following address identifying the rights believed to be infringed or violated, the precise Site location of the material at issue, and your contact information (including full name, e-mail address, street address and daytime telephone number):

The Guardian Life Insurance Company of America

7 Hanover Square, 23-F

New York, NY 10004

Attn: Law Department, Investments & Real Estate

Your notification should contain a statement, bearing your physical or electronic signature and made under penalty of perjury, that you have a good faith belief that the use of the material on the Site violates your rights under applicable law or is otherwise unlawful or improper, and, if applicable, your notification should identify the rights violated (including the registration numbers of any registered copyrights or trademarks alleged to be infringed). Guardian will use commercially reasonable efforts to review such notifications and, if appropriate, remove the material at issue from the Site within a reasonable time in Guardian’s sole discretion.

You Agree that Guardian May Share Certain Information About You.

You agree that, should you elect to supply it, Guardian may use your name, e-mail address, physical address, or other data to communicate with you. All such information is subject to the Privacy Policy, which is incorporated in these Terms and found here.

Indemnification.

You will indemnify, defend and hold harmless Guardian and its related companies, licensees and successors, 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.

Other Provisions.

These Terms constitute the entire and only understanding between you and Guardian regarding your use of MRW. 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 this Site.

MRW is being provided by Guardian as a courtesy to you, and Guardian reserves the right to modify, discontinue, temporarily or permanently, this Site, or any part thereof, at any time, with or without notice. In addition, your access to MRW 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 MRW.

Notices sent to you by Guardian in connection with these Terms or your use of MRW 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 reconstrued 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, agents, and outside contributors, are not authorized to 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. For information that is specific to your situation, consult with your attorney or tax advisor The material provided on MRW, including the blogs, is intended to potentially assist you in planning for your future. 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 do not form a substantive part of the Terms.