This website www.gardainsurance.com (the “Site”) is created, controlled and published by Garda Insurance, LLC, and its affiliates (collectively, “Garda Insurance”). Garda Insurance provides programs and services (collectively, the “Services”) for your personal non-commercial use only and subject to your compliance with this Terms and Conditions of Use Agreement (the “Agreement”). This Agreement sets forth Garda Insurance’s policies with respect to its operation of the Services.
BY USING THE SERVICES, YOU ARE REPRESENTING AND WARRANTING THAT: (A) YOU ARE A LEGAL RESIDENT OF THE UNITED STATES; (B) YOU ARE EITHER (I) AT OR ABOVE THE LEGAL AGE OF MAJORITY IN YOUR JURISDICTION OF RESIDENCE; (C) YOU OWN OR HAVE SUFFICIENT AUTHORIZATION TO USE THE COMPUTER, MOBILE DEVICE, TECHNOLOGY OR OTHER DEVICE YOU USE TO ACCESS THE SERVICES (COLLECTIVELY, “DEVICE”); AND (D) YOU WILL ACCESS AND USE THE SERVICES IN ACCORDANCE WITH THIS AGREEMENT.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE SERVICES. YOUR USE OF ANY PART OF THE SERVICES CONSTITUTES YOUR ACCEPTANCE TO BE BOUND BY THIS AGREEMENT. IF AT ANY TIME YOU DO NOT ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST IMMEDIATELY DISCONTINUE USE OF THE SERVICES.
Garda Insurance, LLC is a Utah Limited Liability Company brokering various life insurance products and services offered by a multitude of companies. Unless otherwise indicated, the products and services are available for the U.S. only and not all products or services are available in all locations.
Certain programs or features offered by the Services, and certain areas within this and/or other Services may be governed by additional terms (“Additional Terms”) presented in conjunction with those Services. You must agree to those Additional Terms before using those Services or areas. The Additional Terms and this Agreement, taken together, shall apply to your use of those areas or the Services. If there is an inconsistency between the Additional Terms and this Agreement, the Additional Terms shall control.
After completing the registration process, you may be asked to choose a user name and password and a user name. It is your responsibility to maintain the confidentiality of your password and account. You are also responsible for all activities that occur under your account. You agree to notify Garda Insurance immediately of any unauthorized use of your account. Garda Insurance is not liable for any loss that you may incur as a result of someone else using your password or account. Garda Insurance may suspend or terminate your account if we have a reasonable belief that it is being used in connection with fraudulent activity, or you breach the Agreement or for any other reason we determine in our sole discretion, and also suspend or terminate your access to the Services, in whole or in part.
THE INFORMATION ON THIS SITE IS NOT AN OFFER BY OR ON BEHALF OF GARDA INSURANCE OR ITS AFFILIATES TO SELL OR SOLICIT AN OFFER TO BUY ANY SECURITY OR INSURANCE PRODUCTS.
The information available on the Site is intended to be a general information resource regarding the matters covered, but is not offered as legal, accounting, tax or other financial advice, and is not tailored to a customer’s specific circumstances. ALL INFORMATION, OPINIONS AND ADVICE AVAILABLE ON THIS SITE SHOULD BE EVALUATED IN CONSULTATION WITH A LEGAL, ACCOUNTING, TAX, INVESTMENT OR OTHER FINANCIAL SPECIALISTS.
YOUR USE OF, AND RELIANCE ON, ANY ADVICE OR INFORMATION OBTAINED FROM OR THROUGH THE SERVICES IS AT YOUR OWN RISK. ALL CONTENT, INCLUDING SOFTWARE, PRODUCTS AND SERVICES, CONTAINED WITHIN OR AVAILABLE THROUGH THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS. GARDA INSURANCE’S AFFILIATES, DISTRIBUTORS, SUPPLIERS, LICENSORS, AGENTS OR OTHERS INVOLVED IN CREATING, SPONSORING, PROMOTING, OR OTHERWISE MAKING AVAILABLE THE SERVICES, INCLUDING THE SITE AND ITS CONTENTS (THE “GARDA INSURANCE PARTIES”) MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES OR THE INFORMATION, CONTENT OR MATERIALS PROVIDED IN CONNECTION WITH THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE GARDA INSURANCE PARTIES DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, INFORMATIONAL CONTENT, TITLE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. GARDA INSURANCE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THE SERVICES WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES AND/OR ITS SERVER WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS. THE GARDA INSURANCE PARTIES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY CONTENT OR MATERIAL OF ANY KIND CONTAINED WITHIN THE SERVICES FOR ANY PURPOSE.
THE FINANCIAL OBLIGATIONS OF INDIVIDUAL PRODUCTS OR POLICIES ARE THE SOLE RESPONSIBILITY OF THE UNDERWRITING COMPANY. NEITHER GARDA INSURANCE, LLC NOR ANY OTHER AFFILIATES OF THE UNDERWRITING COMPANY ARE LEGALLY RESPONSIBLE FOR PRODUCT/POLICY OBLIGATIONS.
The purchase or sale of an insurance policy is between that insurance company and their customers, which are governed by written policies or contracts provided by said independent insurance company and not that of Garda Insurance. The terms of these policies or contracts are binding on the parties. No other representation, whether made in person, online, electronically (including, but not limited to, representations on this Site), in writing, or by graphic or verbal communication may alter the terms of those policies or contracts.
GARDA INSURANCE IS NOT RESPONSIBLE FOR ANY FAILURE TO ACCESS OR USE THE SERVICES OR FOR FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, LOST, INTERRUPTED, OR UNAVAILABLE CONNECTIONS OF ANY KIND, MISCOMMUNICATIONS OR FAILED TRANSMISSIONS OF DATA, OR ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT OR ERROR RELATING TO THE SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, LIABILITIES AND DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, GARDA INSURANCE’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
In no event shall the Garda Insurance Parties be liable to any person or entity whatsoever for any direct, indirect, incidental, special, compensatory, consequential, or punitive damages or any damages whatsoever, including but not limited to: (i) loss of goodwill, profits, business interruption, data or other intangible losses; (ii) your inability to use, unauthorized use of, performance or non-performance of the Services; (iii) unauthorized access to or tampering with your personal information or transmissions; (iv) the provision or failure to provide any service; (v) errors or inaccuracies contained in the Services or any materials or content obtained through the Services; (vi) any transactions entered into through the Services, (vii) any property damage including damage to your computer devices or computer system caused by viruses or other harmful components during or on account of access to or use of the Services, including any site to which the Services provide hyperlinks; or (viii) damages otherwise arising out of your use of or access to the Services, or the content of any site or sites linked to from the Services. These limitations of liability shall apply regardless of the form of action, whether based on contract, tort, negligence, strict liability or otherwise, even if Garda Insurance has been advised of the possibility of damages. In no event shall Garda Insurance’s liability exceed the total amount paid by you to Garda Insurance, if any, for accessing the Services.
Any software that is made available in connection with the Services, including applications, podcasts, audio or video streaming (“Software”) is owned or controlled by, or licensed to, Garda Insurance and is protected by copyright laws and international treaty provisions. Your use of the Software is limited to private, non-commercial use and is governed by the terms of the end user license agreement, if any, which accompanies the Software. Garda Insurance has no liability with respect to any Software owned or controlled by third parties.
In order to use certain Services on this Site, you may have to register. You agree to provide true, accurate and current information about yourself as prompted by the registration and application forms on this Site. If any information you provide is untrue, inaccurate, incomplete or not current, or if Garda Insurance or any affiliate has reasonable grounds to suspect that such information is untrue, inaccurate, incomplete or not current, Garda Insurance, in its sole discretion, has the right to suspend or terminate your access to the Site. Further, you agree that Garda Insurance will not be liable to you or any third party if Garda Insurnace terminates your access to the Site, and the Services or materials thereon, for any reason.
The Services are for your personal and non-commercial use only. In accessing and using the Services, you agree that you will not:
- Deliver any unsolicited advertisement, promotional materials, junk email, bulk email (also known as “spam”), chain letters, surveys or contests, or solicit participation in any pyramid schemes (unless it is on a page that explicitly states that such postings are allowed on that page).
- Deliver any unlawful postings to or through the Services, or any postings which advocate unlawful activity.
- Deliver, or provide links to, any postings containing material that:
- could be considered harmful, obscene, pornographic, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or objectionable;
- harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability;
- is defamatory, false or libelous; and
- infringes or violates any intellectual property or other right of any entity or person.
- Deliver any posting that you do not have a right to make available under law or contractual or fiduciary relationships.
- Impersonate another person or entity or misrepresent your affiliation with a person or entity, or adopt a false identity if the purpose of doing so is to deceive or defraud another.
- Manipulate identifiers, including by forging headers, in order to disguise the origin of any posting that you deliver.
- Deliver any posting containing personal information, such as phone numbers, social security numbers, account numbers, addresses or employer references.
- Use this service in any manner which could damage, overburden or interfere with the use of the Services or other users’ electronics, or damage, disrupt or limit the functioning of any software, hardware, or telecommunications equipment.
- Attempt to gain unauthorized access to the Services, any related website, or other accounts, computer systems, or networks connected to the Services, through hacking, password mining, or any other means.
- Obtain or attempt to obtain any materials or information through any means not intentionally made available through this the Services, including by collecting information about others such as email addresses.
Garda Insurance does not control and is not responsible for any information or other materials delivered through the Services by you or other users, including any personal information, information via message boards, chat rooms, personal web pages, or profiles, forums, blogs, comment or bulletin boards, and other interactive features on the Website that allow users to post, submit, publish, display or transmit to other users or other persons on public areas of the Website, or transmitted to other users of the Website or third parties and feedback data such as questions, comments and suggestions regarding the Services or any portion of the Services (collectively, “User Contributions”). Garda Insurance is not obligated to and does not regularly review, prescreen, monitor, delete, or edit User Contributions. However, Garda Insurance reserves the right to do so at any time in its sole discretion, and to refuse, delete, move or edit any User Contributions, in whole or in part, with or without notice. Garda Insurance is not liable for damages of any kind arising from or related to any User Contributions, including its refusal, alteration or deletion of any User Contributions, even when it is advised of the possibility of such damages.
You are solely liable for all User Contributions delivered to the Services using your account. Any violation of these provisions may subject your account to immediate termination and further legal action. You represent and warrant that you own or control all rights to the User Contributions and that public posting and use of the User Contributions by Garda Insurance will not violate the rights of any third party.
The information and opinions expressed in User Contributions are not necessarily those of Garda Insurance or its content providers, advertisers, sponsors, affiliated or related entities, and Garda Insurance makes no representations or warranties regarding that information or those opinions, and expressly disclaims any liability for User Contributions. Garda Insurance does not represent or guarantee the accuracy, completeness or reliability of any User Contributions and has no obligation to determine whether the User Contributions violate the rights of others. Garda Insurance has no control over whether the User Contributions are of a nature that you or other users might find offensive, distasteful or unacceptable. You acknowledge that any reliance on any User Contributions submitted by other users will be at your own risk. You acknowledge that the Site is “public,” and in addition to the license granted to Garda Insurance, other users will have access to your User Contributions and might copy, modify or distribute them.
Some Services on this Site may be offered to you conditioned on your payment of a fee (each, a “Garda Insurance Paid Service”). By using the Garda Insurance Paid Service, you will be subject to any charges and rules set forth in the Additional Terms for that service, in addition to the general terms provided below. You may register for the Garda Insurance Paid Service by completing the applicable forms.
You are responsible for any membership name and password that is associated with your account during registration. If a Garda Insurance Paid Service does not recognize your device from a previous sign-in, you will be asked for information that will help us to identify your registration. It is your responsibility to maintain the confidentiality of your password, if one is established. You are entirely responsible for any and all activities that occur under your account, and agree to notify us immediately of any unauthorized use of your account.
Garda Insurance will provide notice of any charges, or extra charges, before you register for or enter a paid services area. You are responsible for any charges for paid content incurred by your account. We are not liable for any loss that you may incur as a result of someone else using your password or account, whether with or without your knowledge. In the event that you pay for a Garda Insurance Paid Service by credit card, you authorize us to charge your credit card account by registering for the service and providing us with your credit card information. You warrant to us that the credit card information that you provide us is correct and is your account.
Any Garda Insurance Paid Service is for your personal and non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products obtained from any Garda Insurance Paid Service without our prior written consent. The Services, and all of its contents, including but not limited to text, photographs, graphics, video and audio material, software, Garda Insurance logos, titles, characters, names, and button icons (collectively “Intellectual Property”), are protected by copyright, trademark and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is owned or controlled by Garda Insurance or by other parties that have provided rights thereto to Garda Insurance.
You may not, and agree that you will not, reproduce, download, license, publish, enter into a database, display, modify, create derivative works from, transmit, post, distribute or perform publicly by any means, method, or process now known or later developed, decompile, reverse engineer, disassemble, use on another computer-related environment, transfer or sell any Intellectual Property, information, software or products obtained from or through the Services, in whole or in part, without the express written permission of Garda Insurance. Notwithstanding the foregoing, you may view, store, print, reproduce and distribute pages within the Services solely for your personal or internal, non-commercial purposes, provided that (a) no such pages are modified, and (b) this page and any notice in such pages regarding use or ownership are included with such stored, reproduced or distributed pages.
Any trademarks, service marks, product names and company names or logos appearing in any part of the Services that are owned by Garda Insurance, its affiliates, licensors, or suppliers may not be used without express permission from the respective owner.
All links to the Site must be approved in writing by Garda Insurance, except that Garda Insurance consents to links in which: (i) the link is a text-only link containing the name “Garda Insurance” or “www.gardainsurance.com”, (ii) the link “points” only to www.gardainsurance.com and not to deeper pages: (iii) the link, when activated by a user, displays that page full-screen in a fully operable and navigable browser window and not within a “frame” on the linked website; and (iv) the appearance, position, and other aspects of the link may neither create the false appearance that an entity or its activities or products are associated with or sponsored by Garda Insurance nor be such as to damage or dilute the goodwill associated with the name and service marks/trademarks of Garda Insurance or its affiliates. Garda Insurance reserves the right to revoke this consent to link at any time in its sole discretion.
The material on this Site is for informational purposes only and it covers a variety of topics on insurance and other financial products and services. Although some of the information involves tax, legal, accounting or similar issues, neither Garda Insurance nor its affiliated companies offering the products or services nor their agents or affiliates are in the business of offering such advice. In addition, advice on such matters must fit your particular circumstances. Consequently, we strongly encourage you to consult with your own professional advisors to examine the legal, tax, accounting or investment aspects of any information presented on this Site and how they may affect your particular situation.
This Agreement shall be governed by the laws of the State of Utah, United States of America, without giving effect to its conflict of laws provisions and any suit or claim in arbitration prosecuted shall be filed within the State Court for the Third District of Utah.
Garda Insurance reserves the right, in its sole discretion, to change this Agreement and/or the Additional Terms at any time. Garda Insurance will endeavor to provide notice of any material change to this Agreement on the Site but whether or not it provides such notice, your continued use of this the Services constitutes your agreement to be bound by any changes to the Agreement. Please review this Agreement and/or the Additional Terms periodically for changes.
Last updated: July 29, 2015