GuardianWell Terms and Conditions of Use
April 16, 2025
The following terms and conditions, together with any documents incorporated by reference (collectively the “Terms”), govern your access to and use of any GW Membership (defined below) online interface including www.guardianwell.com, or any other Web site, mobile application, or other GuardianWell online service or application that posts a link to these Terms (collectively, the “Services”), as well as any features, widgets, plug-ins, content, downloads, functionality and products, goods or services offered on or through the Services, regardless of how you access or use them (whether via personal computers, mobile devices or otherwise).
Please read the Terms carefully before you start to use the Services.
By registering and becoming a member of GuardianWell, you acknowledge that you have reviewed and agree to the Privacy Statement and these Terms, including GuardianWell’s data use and sharing practices and your rights related to your data. You understand and agree that as part of your membership benefits, (1) GuardianWell may obtain sensitive personal information, such as health and wellness information, including from you directly as well as from third party partners and (2) the information we collect will be used and shared with third parties, including with GuardianWell's affiliated insurers, to provide you with personalized GuardianWell member offers. You understand that you have certain rights to opt-out of such data uses and sharing as outlined in the Privacy Statement, although if you opt-out of sharing, you will not receive most offers or be able to take advantage of all the member benefits.
Defined Terms
“GW Membership” refers to membership in Guardian Membership LLC, which includes access to the Services including any GuardianWell application.
“GuardianWell” is the doing business as (d/b/a) name for Guardian Membership LLC.
“GuardianWell App” is the generic reference to the electronic application provided through your GW Membership.
“We” and “our” mean GW Membership.
“You” and “your” refer to any individual, company, or legal entity that accesses or otherwise uses the Services.
Words importing the singular number include the plural and vice versa.
Changes to Terms
We reserve the right to modify or amend these Terms from time to time with or without prior notice. Your access and continued use of our Services following the posting of changes to these Terms will mean you accept those changes. You should review these Terms from time to time to be aware of any changes that are made. These Terms constitute a binding agreement between you and GW Membership.
If you do not agree to these Terms, please do not use the Services.
These Terms Must Be Accepted Prior to Use
To accept these Terms you would manifest your intent by utilizing the applicable requested method (e.g. sign in, check box , toggle, etc.) that indicates your agreement with the Terms.
You may wish to print or save a copy of the Terms for your records.
GW Membership
To register as a member of GW Membership, you must be:
a resident of the United States or one of its territories,
at least the age of majority in your jurisdiction, and
in possession of your own cellular/wireless telephone number.
in agreement that member status does not result in an ownership interest in GuardianWell transferring to you.
As a GW Membership member you may have the opportunity to do the following:
Access Services Content (defined below), coaching and periodic communications centered on well-being topics and offers.
Set, track and monitor personal health and well-being goals.
Participate in group challenges and competitions related to goals. Such challenges and competitions may be subject to additional terms and conditions that you must agree to prior to participation.
Receive rewards, earn points and incentives based on the information you share related to well-being choices and attainment of goals and/or benchmarks, subject to additional terms and conditions regarding rewards, points or incentive programs.
Link to and purchase goods and services from a merchant featured within the GW Membership Services, some of which shall be available only to those who agree to share their personal health and well-being information with GuardianWell and its affiliate, Guardian Life Insurance Company .
Participation in Challenges
Guardian Membership members using GuardianWell App may be permitted to register for participation in public challenges, which may have their own separate terms and conditions for review and consent, among all users of the Services. By registering for the challenges, you acknowledge that such participation is a potentially hazardous activity and that you are participating at your sole risk and responsibility. You further acknowledge that you will not make use of means or behave in a way that can reasonably be considered as contrary to the general rules of fairness or the specific rules for any public challenge agreed to at the time of registration. GuardianWell App reserves the right to screen and verify your activity, modify or remove any User Submissions (defined below) posts you make and to temporarily or permanently exclude you from a public challenge or from public challenges in general or to suspend or terminate your account in case we reasonably believe that such measure is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce any acknowledgements you made, including the investigation of a potential violation thereof, or to (iii) protect the rights, property or safety of GuardianWell, its users and the public or if (iv) you publish any User Content deemed to be inappropriate or promote the advertisement of any third-party product. Additionally, GuardianWell reserves the right to suspend or terminate any provision of Services at its sole discretion. If you upload a photo to a challenge, this will be filtered for inappropriate User Content using a third-party service. GuardianWell App may use your contact information to send you motivational messages in connection with public challenges.
Creating Your Profile
When creating your profile and in consideration of your use of the Services, you must:
use your legal name or the name you use in everyday life;
provide true, accurate, current, and complete information about yourself as prompted by the Services’ registration and/or authentication process;
create only one account for yourself;
not share your password, give access to your account to others or transfer your account to others; and
have all appropriate rights to any User Submissions content you post and personal information you share, including any photos (and any individual other than yourself that may be featured in your photo).
Remember when creating your account:
Keep any credentials you use to access Services confidential.
Update any changes to your phone number, email address and other contact information within your GW Membership profile.
You may need to create an account or provide additional information such as a policy number to have access to certain parts of the Services.
Restricted Activities and Uses of the Services
When using the GW Membership online interface, you agree not to (nor will you allow those acting on your behalf to):
use the GW Membership online interface for illegal purposes or violate the right of any third person;
remove or alter these Terms or any other terms of use or any proprietary notices;
enter false or misleading information regarding my wellness activity;
use untrue, inaccurate, not current, or incomplete information of your activity levels, well-being, and other information requested of you as a member;
use the Services to transmit or otherwise upload any User Submissions that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; or (vi) in the sole judgment of GW Membership, is objectionable or which restricts or inhibits any other person from using or enjoying the services, or which may expose GW Membership or its users to any harm or liability of any type;
harvest, collect or publish personally identifiable information of others;
use the Services on behalf of a third party or post any personal data or other information about a third party, without the express consent of that third party;
gain unauthorized access to the Services, or any account, computer system, or network connected to the Services, by any unauthorized or illegal means;
use the Services to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contain advertising;
use or access the portions of the Services requiring authorization such as an account username and password, unless you are authorized;
use the Services in or for the benefit of a country, organization, entity, or person embargoed or blocked by any government, including those on sanctions lists identified by the United States Office of Foreign Asset Control (OFAC);
use inappropriate language, upload inappropriate User Submissions, including images, or take any action that may be deemed humiliating, threatening, defamatory or harassing to others;
post material or use the Services, User Submissions or Services Content to humiliate, threaten, defame, harass, or injure other people or their property rights, including, but not limited to, intellectual property rights;
violate the privacy or publicity rights of other individuals or entities;
act in a way that maybe considered criminal conduct or give rise to civil liability;
use any robot, spider, scraper or other automated means to access the Services for any purpose without our express written permission;
take any action that imposes or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure;
interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services;
bypass any measures we may use to prevent or restrict access to the Services;
use any Services Content to train large learning models or in connection with any artificial intelligence input or output services or
otherwise violate any law or regulation or these Terms.
GW Membership’s Response to Your Restricted Activities
If we believe that you’ve engaged in any restricted activities, we may protect ourselves, our partners, our customers and others at any time in our sole discretion.
The actions we may take include, but are not limited to, the following:
reviewing or auditing information entered by you regarding your wellness activity;
adjusting, recalculating or withholding rewards points earned;
terminating limiting, and/or closing or suspending your membership or use of the Services;
refusing to provide the Services to you in the future;
limiting your access to our Services operated by us or on our behalf, your account and/or any GW Membership Services;
taking legal action against you; or
holding you responsible for damages to us caused by your violation of these policies.
Contest, Sweepstakes and other Promotions
From time to time, GW Membership may conduct promotions on or through the Services, including without limitation, contests, rewards, sweepstakes and other promotions (“Promotions”). Each Promotion may have jurisdictional limitations, additional terms and/or rules of participations (“Promotion Rules”), which will be posted on the Services or otherwise made available to you. The Promotion Rules for each Promotion in which you participate are deemed incorporated into and form a part of these Terms. It is your responsibility to read the Promotion Rules to determine whether or not your participation, registration or entry will be valid or restricted, and to determine your participation requirements.
We may offer you and other users the ability to earn certain rewards points in connection with a rewards program. By participating in any such rewards program, you acknowledge that there may be specific rewards program terms provided through the Services. Accordingly, it is important that you read any applicable terms from time to time regarding any rewards program.
The number of rewards points earned and any restrictions on any rewards program are determined at GW Membership’s sole discretion to the fullest extent of the law. Any rewards points received can be used only through your registered account. Future availability of rewards, benefits, products or services through any rewards program is not guaranteed and may change without notice to you.
You agree and understand that rewards will be available for acceptance for four (4) weeks after earned, within which time you must accept the reward for later use, unless noted otherwise. Your participation as a member of GW Membership and your receipt of rewards and incentives may result in taxable income and may be reported by GW Membership to the IRS on a Form 1099-MISC. You are solely responsible for any federal, state, or local tax liability related to your membership. Please consult your tax or legal advisor if you have any questions about your personal tax situation.
Privacy and Security
Please review the Privacy Statement applicable to your use of the Services and other privacy notices, which explain how we may collect, use, and share information from or about you, including the sharing of personal health and wellness information with third parties and affiliates to provide you with personalized offers. The Online Privacy Statement is incorporated into and made a part of these Terms.
You must protect the security and confidentiality of any established username, password, and security information you use to access the Services. Anyone able to provide your username and password will be able to access your account and you will be held responsible for any and all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your security credentials, your account, or any other breach of security of which you become aware.
You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Services.
Additional Terms You Should Know
You are responsible for maintaining and updating your information to keep it true, accurate, current, and complete.
You understand and agree that posting unsolicited advertisements on the Services is expressly prohibited by these Terms.
You are responsible for the payment of any membership fee to GW Membership and for all payments to any merchants in the GW Membership Services.
Information and guidance provided on the Services is for informational and educational purposes only and does not substitute professional medical advice or consultations with healthcare professionals. You should consult Your medical provider prior to participating in any activities and if there are any concerns regarding Your health or participation.
Any unauthorized use of our Services or computer systems is a violation of these Terms. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to prevent or cure the violation, including without limitation, the immediate termination of your access to the Services.
Portions of the Services, as well as certain products and services offered by GW Membership through the Services, may be governed by other or additional terms and conditions. You agree to review all applicable terms and conditions relevant to the GW Membership products and services that you access and use. To the extent that these Terms conflict with any additional terms and conditions, the additional terms and conditions shall govern and control.
Termination of Use of Services or Membership
You may terminate your relationship with us at any time, but you will remain liable for all obligations related to your membership even after the membership is terminated. Any incomplete payments, transactions or transfers must be completed, unless otherwise dictated by the laws, rules or regulations in the state in which you reside. We may suspend or terminate your account or your access to the Services at any time without notice, for any reason or for no reason. You understand that any termination of your account may involve the permanent deletion of your data. GW Membership will not have any liability whatsoever to you for any suspension or termination, including for deletion of your data or for impact to benefits offered. The provisions of these Terms regarding Restrictions on Use of the Services, Intellectual Property Rights and Ownership, Unsolicited Submissions, Warranty Disclaimer, Limitation of Liability, Indemnity and Release, Severability and Interpretation, and Governing Law shall survive any such termination.
If we close your GW Membership account or terminate your use of the GW Membership services for any reason, you are responsible for all reversals, chargebacks, claims, fees, fines, penalties and other liability incurred by us, any customer, or a third party caused by or arising out of your breach of this agreement, and/or your use of the GW Membership services.
As a courtesy, we keep your GuardianWell account for up to 30 days subject to document retention requirements and applicable law, as such it is still possible for you to recover your account if it was deactivated by mistake.
Intellectual Property Rights and Ownership
All of the information and content displayed through the Services including, without limitation, text, graphics, photographs, images, moving images, sound, and illustrations ("Services Content"), is owned by Guardian Membership LLC, its licensors, agents, and/or Services Content providers. All Services Content provided through the Services, without limitation, is protected worldwide by trademark, trade dress, copyright, moral rights, and other applicable intellectual property laws.
Except as may be otherwise indicated within the Services, Services Content is provided for informational purposes and you are authorized to view, play, print and download documents, audio and video found within our Services for your personal purposes only. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify the Services Content for any commercial purpose without Guardian Membership LLC’s prior express written consent.
You acknowledge that you do not and will not acquire any proprietary rights by copying or downloading any Services Content that is copyrighted or protected by any other intellectual property right. You agree not to remove any copyright, trademark, or other proprietary notices from any Services Content found within the Services.
Guardian Membership LLC, GuardianWell, GW Membership and the GW Membership logo are the service marks of The Guardian Life Insurance Company of America (“GLIC”), and all other trademarks and service marks (“Marks”) delivered through the Services are the proprietary trademarks and/or service marks of GLIC, its licensors, agents and/or Services Content providers unless otherwise indicated. No right, title or interest in any such Marks is granted to you in these Terms or in connection with your use of the Services, and you are not authorized to reproduce or otherwise use any such Marks absent prior express written approval from GLIC, its licensors, agents and/or Services Content providers, as applicable, in each instance.
User Generated Content
The Services may permit the submission of certain user-generated text, information, data, audio, photographs, files or other content (“User Submissions”) and the hosting, sharing, transmission and/or publishing of such User Submissions. User Submissions may be used, distributed and published by us and viewed by other users of the Services. You understand that we do not guarantee any confidentiality with respect to any User Submissions.
You shall be solely responsible for your own User Submissions and the consequences of submitting, posting or publishing them. In connection with User Submissions, you affirm, represent, and warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all copyrights, trademarks, trade secrets, patents or any other proprietary or personal rights in and to your User Submissions to enable inclusion and use of such User Submissions in the manner contemplated by the Services and these Terms; (ii) submitting, posting or publishing your User Submissions on or through the Services does not and will not violate any confidentiality obligations between you and any person or organization or the privacy rights, publicity rights or other rights of any person; and (iii) you have the written consent, release, and/or permission of each and every identifiable person or organization in your User Submissions to use the name or likeness of each and every such identifiable person or organization to enable inclusion and use of the User Submissions in the manner contemplated by the Services and these Terms. You further affirm, represent and warrant that your User Submissions are not defamatory or libelous in any manner whatsoever.
You will retain all ownership rights in your User Submissions. By submitting a User Submission to us you hereby grant to us a perpetual, worldwide, non-exclusive, royalty-free, fully paid up, sublicenseable and transferable license to use, post and store User Submissions on our Services and servers and publish, copy, distribute and display such User Submissions in connection with the Services and GW Membership’s (and its successor’s) business, including without limitation the right to distribute such User Submissions to other users and third parties. You further hereby waive any and all moral rights and all rights of a similar nature in any jurisdiction in your User Submissions.
In connection with any User Submissions, you further agree that you will not: (i) submit or publish falsehoods, misrepresentations or statements that could damage us or any third-party; (ii) submit material that is false, misleading, inaccurate, derogatory, unlawful, obscene, defamatory, contains nudity, libelous, threatening, sexually explicit or pornographic, harassing, hateful, intimidating, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense of any federal, state or local law, give rise to civil liability, violate any law, or is otherwise inappropriate or objectionable; (iii) post advertisements or business solicitations, including any “junk mail” or “spam;” (iv) impersonate another person, institution or organization or falsely state or otherwise misrepresent yourself, your age or your affiliation with any third-party, organization, institution or person; (v) upload, post, store or otherwise make available any virus, bug, Trojan horse or other computer file or program that is capable of destroying, interrupting or interfering with or limiting the functionality of the Services or any server, computer hardware, software or equipment. We do not endorse any User Submissions or any opinion, recommendation, or advice expressed therein. We reserve the right to remove or revise User Submissions without prior notice. We also reserve the right to decide whether a User Submission is appropriate and complies with these Terms of Use for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, trademark infringement, violations of rights of publicity or privacy, obscene or defamatory material, or excessive length. We may remove such User Submissions and/or terminate a user’s ability to access and/or distribute such material in violation of these Terms of Use at any time, without prior notice and at our sole discretion.
You understand that when using the Services, you may be exposed to User Submissions and third-party information from a variety of sources and that we are not responsible for the accuracy, usefulness, or intellectual property rights of or relating to such User Submissions and third-party information. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto.
Digital Millennium Copyright Act
Notification. If you are a copyright owner or an agent thereof and believe that any User Submission or other Services Content infringes upon your copyright, you may submit a written notification pursuant to the Digital Millennium Copyright Act (“DMCA”) (see 17 U.S.C. 512(c)(3) for further information) by providing our Copyright Agent (listed below) with the following information:
an electronic or physical signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
a description of the copyrighted work claimed to have been infringed or if multiple copyrighted works are covered by a notification, a representative list of such works at our Services;
a description of the location on the Services of the allegedly infringing material(s);
your address, telephone number, and e-mail address;
a written statement that you have a good faith belief that use of the material(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
a written statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Our designated Copyright Agent for notice of claims of infringement is:
Copyright Agent, Legal Department GW Membership 6255 Sterners Way, Bethlehem, PA 18017 By Email: privacy_office@guardianwell.com
Only notices of alleged copyright infringement should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to customer service at gwbsupport@guardianwell.com. You acknowledge that if you fail to comply with all of the notice requirements of the DMCA, your notice may not be valid.
Counter-Notification.
If you believe that any User Submission of yours that was removed is not infringing, or that you have the appropriate rights from the copyright owner or third party, or pursuant to the law, to post and use the material in your User Submission, you may send a counter notification containing the following information to the Copyright Agent: (i) your physical or electronic signature; (ii) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled; (iii) a statement (under penalty of perjury) that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the material; and your name, address, telephone number, and e-mail address, along with a statement that you consent to the federal court of your jurisdiction and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter notification is received by the Copyright Agent, we shall send a copy of such counter notification to the original notifying party. The original notifying party shall have ten (10) business days to file an action for copyright infringement and seek a court order against the content provider or user posting such material. If no such infringement action is filed within such 10 business days, we may, in our sole discretion, reinstate the removed material or cease disabling such material.
In accordance with the DMCA and other applicable law, we will, in appropriate circumstances, terminate access, at our sole discretion, of any user that we find to be a repeat infringer of others’ copyrights. We may also, in our sole discretion, limit or fully terminate access to the Services of any user infringing the intellectual property rights of others, regardless of whether such user is repeat offender or not.
Unsolicited Submissions
GW Membership does not accept or consider creative ideas, suggestions, or materials other than those it has specifically requested. This policy is designed to avoid misunderstandings if projects developed by GW Membership’s professional staff seem to others to be similar to their own creative work. Accordingly, GW Membership requests that you not submit any creative ideas, suggestions, or materials except where specifically requested or solicited.
However, if you do send us any unsolicited suggestions, (i) you agree not to assert any ownership right of any kind in against GW Membership (including, but not limited to copyright, trademark, unfair competition, moral rights, or implied contract), (ii) you hereby grant GW Membership a nonexclusive, perpetual, worldwide license to use the unsolicited submission in every media and for every purpose now known or hereinafter discovered, and (iii) you waive the right to receive any financial or other consideration in connection with such unsolicited submission including, but not limited to, credit. You agree to release GW Membership (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any claims, demands, or damages (actual and consequential) arising out of, or in any way connected with, your unsolicited submissions, including, without limitation, all claims for theft of ideas or copyright infringement.
Links and Third-Party Offerings
Running or displaying the Services or any Services Content displayed on the Services in frames or through similar means on another site without our prior written permission is prohibited.
From time to time, the Services may contain links to third-party websites that are not owned, operated or controlled by GW Membership. All such links are provided solely as a convenience to you. We are not responsible for any content, materials or other information located on or accessible from any other websites. Nor do we endorse, guarantee, or make any representations or warranties regarding any other websites, or any content, materials or other information located or accessible from those websites. If you decide to access any other websites linked to or from the Services, you do so entirely at your own risk.
Any information and Services Content provided by GW Membership relating to the goods and services offered by any third parties is for informational purposes only, and GW Membership does not guarantee the accuracy, completeness, timeliness or reliability of any such information or content. No content is intended to provide financial, legal, medical, tax or other professional advice. You acknowledge that your purchase and/or use of the goods and services purchased from any third parties featured on the Services is entirely at your own risk. GW Membership has no control over the conduct of, products , goods or services or any information provided by, a third party and hereby disclaims all liability in this regard to the fullest extent permitted by applicable law. We do not endorse any third party and we make no guarantee, express or implied, that any information provided by the third party is accurate or complete. GW may be compensated by third parties for the offerings presented to members.
Availability of Products and Services; United States Only
Certain products and services offered by GW Membership through the Services may not be available in all areas of the United States (“U.S”), and you may not be eligible for all products and services. GW Membership and GW Membership’ partners reserve the exclusive right to determine availability and eligibility for our products and services.
Products and services may have expiration dates or periods. Please review specific offers for details.
The Services are directed to and are intended to be made available only to persons in the United States and are not intended for distribution to, or use by, any person in any other country or any jurisdiction where such distribution or use would be contrary to law or regulation or that would subject GW Membership to any registration requirement within such jurisdiction or country. Persons who access the Services do so on their own initiative and are responsible for compliance with applicable local laws and regulations. Software and other materials from Services may be subject to export controls imposed by the United States and may not be downloaded or otherwise exported to any country or anyone prohibited by law. GW Membership prohibits your downloading or exporting of software or other material from the Services in violation of U.S. export laws and any applicable international or foreign laws, including the laws of your resident country. By downloading software or other material from the Services, you represent and warrant that you are able to do so in full compliance with the laws of the United States and all applicable international and foreign laws, including the laws of your resident country.
Limitations of Liability
FOR PURPOSES OF THIS LIMITATION OF LIABILITY PROVISION, “GW MEMBERSHIP” REFERS TO GUARDIANWELL APP, GUARDIANWELL, GUARDIANWELL MEMBERSHIP, INCLUDING, AS APPLICABLE, ITS PARENTS, SUBSIDIARIES, AFFILIATES, PREDECESSORS, SUCCESSORS, AND ASSIGNS, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS.
IN NO EVENT SHALL GW MEMBERSHIP BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DAMAGES ARISING OR RESULTING FROM ANY INTERRUPTION IN OR DISRUPTION TO THE SITES OR CONTENT. IN NO EVENT SHALL GW MEMBERSHIP BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST DATA, LOST PROFITS, OR LOST BUSINESS OPPORTUNITIES), REGARDLESS OF THE LEGAL THEORY, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE, AND REGARDLESS OF WHETHER GW MEMBERSHIP WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE EXTENT NOT EXPLICITLY REFERENCED IN THIS LIMITATIONS OF LIABILITY SECTION, GW MEMBERSHIP DISCLAIMS RESPONSIBILITY FOR ANY HARM OR LIABILITY ARISING OUT OF OR RELATED TO USE OF THE SERVICES, GOODS OR PRODUCTS UNDER ANY OTHER REMAINING THEORIES OR CAUSES OF ACTION.
THESE LIMITATIONS OF LIABILITY SHALL SURVIVE THE TERMINATION OF THESE TERMS. BECAUSE THE LAW REGARDING LIMITATIONS OF LIABILITY VARIES BY STATE, THESE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
NOTICE TO NEW JERSEY CONSUMERS: THESE LIMITATIONS OF LIABILITY APPLY IN NEW JERSEY.
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 SITES IS TO STOP USING THE SITES.
IF THE FOREGOING DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY ARE HELD TO BE UNENFORCEABLE, YOU AGREE THAT GW MEMBERSHIP'S LIABILITY TO YOU, WHETHER IN TORT, CONTRACT OR OTHERWISE, FOR ALL CAUSES SHALL NOT EXCEED IN THE AGGREGATE $500.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Arbitration Provision; Class Action Waiver
In order to expedite and control the cost of disputes, you and GW Membership agree that any legal or equitable claim relating to these Terms of Use or use of the Services, or any offering provided or obtained using the Services, (referred to as a “Claim”) will be resolved as follows:
A. Informal Resolution:
You and GW Membership will first attempt to resolve any Claim informally. In the event that any dispute between GW Membership and you arises out of or relates to the Terms of Use, the applicability of the Terms of Use to the use of the Services, or to breach or enforcement, interpretation or validity of the Terms of Use, you and GW Membership agree to try to promptly resolve any such dispute informally. Please send a written notice describing the dispute to Guardian Membership LLC Attn: Office of General Counsel, 6255 Sterners Way, Bethlehem, PA 18017.
B. Formal Resolution by Arbitration/Class Action Waiver:
READ THE FOLLOWING ARBITRATION PROVISION CAREFULLY; IT LIMITS YOUR RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION. You agree that any dispute, controversy or Claim arising out of or relating to the Terms of Use, the applicability of the Terms of Use to the use of the Services, or to breach or enforcement, interpretation or validity of the Terms of Use, or the determination of the scope or applicability of arbitration shall be governed solely by the Federal Arbitration Act.
If you and GW Membership cannot resolve a Claim informally, any Claim asserted by either party will be resolved only by binding arbitration (“Arbitration”). By agreeing to Arbitration, both you and GW Membership understand and agree that all disputes shall be decided by a single arbitrator and that you are waiving your rights to maintain other available resolution processes, such as a court action or administrative proceeding, to settle disputes. Instead of suing in court, both you and GW Membership each agree to settle disputes (except certain small claims) only by Arbitration. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JURY TRIAL. The rules in Arbitration are different. There is no judge or jury, and review is limited, but an arbitrator can award the same damages and relief, and must honor the same limitations stated in these Terms of Use as a court would.
The Arbitration will be conducted under the American Arbitration Association Consumer Arbitration Rules (referred to as the “AAA Rules”) and under the rules set forth in these Terms of Use. If there is a conflict between AAA Rules and the rules set forth in these Terms of Use, the rules set forth in these Terms of Use will govern. You may, in Arbitration, seek any and all remedies otherwise available to you pursuant to the law of the State of New York. If you decide to initiate Arbitration, GW Membership agrees to pay the Arbitration initiation fee and any additional required deposit required by AAA to initiate your Arbitration. You and GW Membership agree to pay the costs of the Arbitration proceeding provided however that if you are a consumer you shall not be required to pay more than $250.00 of the fees or such amount as the AAA Rules may later prescribe. All other fees, such as attorneys’ fees and expenses of travel to the Arbitration, will be paid in accordance with AAA Rules. The Arbitration will be held at a location in New York County, New York, unless you and GW Membership both agree to another location or telephonic Arbitration. To initiate Arbitration, you or GW Membership must:
Write a demand for Arbitration. The demand must include a description of the Claim and the amount of damages sought to be recovered (“Demand for Arbitration”). You can file a demand at adr.org.(opens in new window)
Send one copy of the Demand for Arbitration to the other party.
Special rules in the Arbitration Proceeding.
Except for errors of law, the arbitrator’s decision is final and binding on all parties and may be enforced in any court that has jurisdiction.
Neither you nor GW Membership shall be entitled to join or consolidate claims in Arbitration by or against other individuals or entities or arbitrate any claim as a representative member of a class or in a private attorney general capacity.
THIS MEANS THAT YOU WAIVE YOUR RIGHT TO INITIATE OR PARTICIPATE IN ANY CLASS OR CONSOLIDATED ACTION WHATSOEVER.
Accordingly, you and GW Membership agree that the AAA Class Action Rules do not apply to our Arbitration. A court may sever any portion of this dispute resolution provision if it finds such provision unenforceable, except for the prohibition on class, representative and private attorney general arbitrations. Notwithstanding the obligation to arbitrate all Claims under these Terms of Use, you may assert an individual Claim in small claims court in lieu of Arbitration.
Indemnity and Release
You agree to defend, indemnify and hold GW Membership, each of our parent companies, subsidiaries and affiliates and the successors of each of the foregoing, and the officers, directors, agents, and employees of each of the foregoing, harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to or in connection with (i) your use of the Services, Services Content or User Submission; (ii) your violation of any term or condition of these Terms, including without limitation, your breach of any of the representations and warranties; (iii) your violation of any third party rights, including without limitation any right of privacy, publicity rights or intellectual property rights; (iv) your violation of any law, rule or regulation of the United States or any other country; (v) any claim or damages that arise as a result of any information or material that you provide to GW Membership; (vi) any other party’s access and use of the Services with your unique username, password or other appropriate security code; or (vii) your use of any platforms, applications, products, programs or services offered by a third party as part of the Services.
In the event that you have a dispute with another user or party related to the Services or Services Content, you release GW Membership (and our officers, directors, agents, subsidiaries, and employees) from all claims, demands, and damages (actual and consequential) arising out of or in any way connected with such disputes.
Severability and Interpretation
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that these Terms and all incorporated agreements may be assigned by GW Membership in our sole discretion. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. A printed version of these Terms will be admissible in judicial and administrative proceedings based upon or relating to these Terms to the same extent as other business documents originally generated and maintained in printed form.
Governing Law
Any claim arising out of or relating to these Terms or the use of the Services and Content shall be governed by the laws of the United States and the State of New York, without regard to its choice of law provisions. You expressly agree to submit any disputes to the exclusive jurisdiction of the state and federal courts located in New York, New York.
General Legal Terms
The Terms constitute the whole legal agreement between you and GW Membership and govern your use of the Services, and completely replace any prior agreements between you and GW Membership in relation to the Services. No modification or attempted modification of these Terms by you shall be binding on GW Membership unless made in writing and physically signed by an authorized representative of GW Membership.
Upon termination of these Terms for any reason, GW Membership and its third-party service providers reserve the right to delete all your data, files, electronic messages, or other information that is stored on GW Membership’s or its third-party service providers’ servers or systems. GW Membership shall have no responsibility whatsoever for the loss of any such data.
You agree that GW Membership may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.
You agree that if GW Membership does not exercise or enforce any contractual or legal right or remedy to which it is entitled, this will not be taken to be a formal waiver of GW Membership’s rights and that those rights or remedies will still be available to GW Membership.
You acknowledge and agree that each member of the group of companies of which GW Membership is the parent shall be third-party beneficiaries to the Terms and that these other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them. Other than these entities, and the entities described in the Apple Disclaimer below, no other person or entity shall be third-party beneficiaries to the Terms.
Disclaimers
Warranty Disclaimer
Your use of the Services is at your own risk. The Services Content, User Submissions, products and Services provided on, through, or in connection with the Services or otherwise provided by us are provided “as is” and for informational purposes only. To the fullest extent permitted by applicable law, we hereby disclaim all representations and warranties of any kind, either express or implied, with including, but not limited to, warranties of merchantability, fitness for a particular purpose, security, non-infringement of intellectual property, freedom from computer virus, or warranties arising from course of dealing or course of performance. We do not represent or warrant that the Services, Services or the Services Content will be uninterrupted or error-free, that defects will be corrected, or that the Services are free of viruses or other harmful components.
We attempt to ensure that Services Content on the Services is complete, accurate and current. Despite our efforts, Services Content may occasionally be inaccurate, incomplete or out of date. We make no representations or warranties regarding the completeness, accuracy, timeliness, or reliability of any Content, nor do we assume any duty to update such Services Content.
No advice or information, whether oral or written, obtained from GW Membership or through our Services, products or services will create any warranty not expressly made herein. The foregoing exclusions of warranties do not apply to the extent prohibited by applicable law.
The Services are not a substitute for seeking financial or medical advice concerning your specific circumstances from a qualified attorney, accountant, investment or other professional advisor. As a courtesy, GW Membership makes efforts to ensure the accuracy of information provided, but the accuracy of information on the Services 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. GW Membership is neither an insurance company nor is it licensed to sell, solicit, or negotiate insurance products.
The Services Content contained within the Services is not intended, in any manner, as an official brokerage or mutual fund statement, quarterly performance report or a record of policy values.
REFERENCE TO A FUND OR SECURITY INCLUDED ANYWHERE ON OUR SERVICES IS NOT A RECOMMENDATION TO BUY, SELL, OR HOLD THAT, OR ANY OTHER SECURITY.
THE SERVICES AND THE SERVICES CONTENT CONTAINED ON GW MEMBERSHIP'S SERVICES ARE PROVIDED "AS IS" AND AS AVAILABLE. GW MEMBERSHIP 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.
Terms Applicable for Apple iOS:
If you are accessing or using the Services through an Apple device, the following additional terms and conditions are applicable to you and are incorporated into the Terms by this reference:
(i) To the extent that you are accessing the Services through an Apple device, you acknowledge that these Terms are entered into between you and GW Membership and, that Apple, Inc. (“Apple”) is not a party to these Terms, other than as third-party beneficiary as contemplated below.
(ii) You acknowledge that GW Membership, and not Apple, is responsible for providing the Services and any content thereof.
(iii) You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or any support services to you with respect to the Services.
(iv) To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Services.
(v) Notwithstanding anything to the contrary herein, and subject to these terms, you acknowledge that, solely as between Apple and GW Membership, GW Membership, and not Apple is responsible for addressing any claims you may have relating to the Services, or your possession and/or use thereof, including, but not limited, to: (i) product liability claims, (ii) any claim that the Services fail to confirm to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
(vi) You agree that if the Services, or your possession and use of the Services, infringes on a third party’s intellectual property rights, you will not hold Apple responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claims.
(vi) You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of the terms and conditions of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third-party beneficiary thereof.
Additional Mobile Application Terms
Push Notifications. You acknowledge that by downloading, installing or using the our mobile application (“App”) and/or accepting these Terms: (i) if you are using the Android version of the App you are aware that the App uses Amazon Simple Notification Service (“SNS”) to deliver certain Google Cloud Messaging push notifications to your smartphone regarding your use of the App; and (ii) if you are using the iOS version of the App, that you are aware that the App uses Amazon SNS to deliver certain Apple push notifications to your smartphone regarding your use of the App. You may enable and disable push notifications by using the applicable settings within Your iOS or Android smartphone.
Cellular or Wireless Service. You may be charged for data usage in connection with your use of the App when connected to your wireless service provider’s data networks. GW Membership encourages you to use WiFi wherever available when using the App. You hereby acknowledge and agree that your use of the App may lead to excess data charges and that you are solely responsible for any such data charges that you may incur in connection with your use of the App.
Use of Electronic Devices and Software While Driving. As a condition of use of the App, you promise not to use the App for any purpose that is prohibited by applicable local, state, national and international laws and regulations, including laws regarding distracted driving. You are responsible for your use of the App and agree that such use is at your own risk.
System Requirements. The App may be used on a smartphone running Android or iOS software (whichever is relevant to you) that meets the system requirements specified by GW Membership. GW Membership is not required to supply any required hardware and/or software for proper operation of the App. When using the Services, you agree to comply with any and all third-party terms that are applicable to any platform, Web site, technology or service that interacts with the Services.
Upgrades. The App also includes any patches, updates and supplements to the App (“Upgrade”) provided to you by and at GW Membership’s sole discretion. Any such Upgrade to the App provided by GW Membership is subject to these terms and our Terms, as may be amended from time to time.
Not Legal, Tax, or Investment Advice
GW Membership is not providing specific insurance, tax or investment advice to any individual viewing the Services Content of the Services. The Services Content on the Services is not intended and should not be construed as legal or tax advice.
The Services Content provided does not constitute a solicitation of an offer to buy or an offer to sell financial or insurance products.
For information that is specific to your situation, consult with your attorney or tax advisor. The material provided on the Services, including the blogs, is intended to potentially assist you in planning for your future and insurance planning. GW Membership is not responsible for the consequences of any decisions or actions taken in reliance upon or as a result of the Services Content made available on the Services.
All rights not granted herein are expressly reserved to The Guardian Life Insurance Company of America.
In jurisdictions that do not permit the exclusion of implied warranties, this exclusion may not apply.
WITHOUT LIMITING THE FOREGOING:
GW MEMBERSHIP DOES NOT GUARANTEE, AND DISCLAIMS ANY WARRANTY, THAT THE SITES 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 GW MEMBERSHIP 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
GW MEMBERSHIP MAKES NO WARRANTY AS TO THE RELIABILITY, ACCURACY, TIMELINESS, USEFULNESS, ADEQUACY, COMPLETENESS OR SUITABILITY OF THE SITES OR CONTENT, PRODUCTS OR SERVICES PROVIDED THROUGH THE SITES.
YOU AGREE TO BE SOLELY RESPONSIBLE FOR YOUR USE OF GW MEMBERSHIP'S SITES, 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 CONTENT 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 SITES EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Your Comments and Concerns
The Services are operated by Guardian Membership LLC, 6255 Sterners Way, Bethlehem, PA 18017.
All other feedback, comments, requests for technical support and other communications relating to the Services should be directed to gwbsupport@guardianwell.com
Thank you for utilizing the Services.
