General Terms of Use

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• Terms of Service: Total Rewards

• Benji Terms of Use

Last Updated: October 24, 2024

THESE GENERAL TERMS OF USE (“TERMS”) ARE A LEGAL AND BINDING AGREEMENT BETWEEN YOU (“YOU,” “YOUR,” OR “YOURSELF”) AND NEWFRONT INSURANCE SERVICES (“NEWFRONT,” “WE,” “US,” OR “OUR”) THAT GOVERNS YOUR USE OF OUR WEBSITE (WWW.NEWFRONT.COM) AND ALL PAGES WITHIN THAT DOMAIN (“WEBSITE”) OR OTHER NEWFRONT-MANAGED WEBPAGES, SOFTWARE, APPLICATIONS, PLATFORMS, NAVIGATOR™ BENEFITSU^TM, AND MOBILE APPLICATIONS, TOGETHER WITH ALL INFORMATION, CONTENT, MATERIALS, AND SERVICES MADE AVAILABLE TO YOU BY US AND/OR THIRD PARTIES THEREIN (COLLECTIVELY, “THE SERVICES”). PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING, USING, CREATING AN ACCOUNT, OR REGISTERING FOR THE SERVICES, YOU ARE AGREEING TO BE BOUND BY AND COMPLY WITH THE TERMS. THE SERVICES ARE ONLY AVAILABLE TO USERS WHO ARE 16 YEARS OF AGE OR OLDER. IF YOU ARE UNDER THE AGE OF 16 OR ARE OTHERWISE UNABLE TO ACCEPT THESE TERMS, PLEASE DISCONTINUE YOUR USE OF THE SERVICES. BY AGREEING TO THESE TERMS, YOU AND NEWFRONT WILL, AS DESCRIBED IN SECTION 8 BELOW, BE REQUIRED TO RESOLVE MOST DISPUTES WITH EACH OTHER SOLELY ON AN INDIVIDUAL BASIS THROUGH ARBITRATION WHERE PERMITTED BY APPLICABLE LAW AND NOT THROUGH A JURY TRIAL OR AS A CLASS ARBITRATION OR CLASS ACTION. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, PLEASE DO NOT USE THE SERVICES.

1. Access to the Services

   1. Minimum Requirements. In order to use the Services, you must independently procure secure access to the Internet as well as to any and all equipment necessary to connect to the Internet. 

   2. Additional Requirements. To access the some of the Services, you may be asked to provide certain registration details or other information. Access to some of the Services may be conditioned upon your appointment of Newfront as broker of record. You agree that all information you provide to register for the Services or otherwise, including, but not limited to, through the use of any interactive features within the Services, is governed by our Privacy Policy and you consent to all actions we take with respect to your information consistent with our Privacy Policy. If you do not agree to our Privacy Policy, then accessing the Services is strictly prohibited and you must immediately exit.

   3. Account Security. If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. 

2. License Grant and Scope of Use

   1. Generally. The Services and their entire contents, features, and functionality (including but not limited to text, files, applications, surveys, images, photos, video, sounds, and the design, selection, and arrangement thereof) (collectively, “Content”) are owned by Newfront or its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. These Terms permit you to use the Services for your internal business use only. You must not delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Services. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material available through the Services, except as follows:

      1. Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.

      2. You may store files that are automatically cached by your Web browser for display enhancement purposes.

      3. You may print or download one copy of a reasonable number of pages of the Services for your internal business use and not for further reproduction, publication, or distribution.

      4. If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own internal business use, provided you agree to be bound by our end user license agreement for such applications.

   2. No Rights Granted. No right, title, or interest in or to the Services or any Content is transferred to you, and all rights not expressly granted are reserved by Newfront. 

   3. Feedback. You may voluntarily provide comments or suggestions about the Services to us ("Feedback”). We may freely use, copy, disclose, or license Feedback for any purpose and without any obligation, royalty, or restriction based on intellectual property rights, provided that you shall not be identified in connection with any such Feedback without your express written consent.

3. Changes to These Terms

   1. Newfront reserves the right, at its discretion, to change, modify, add, or remove portions of these Terms at any time by posting such changes to www.newfront.com/terms. You understand that you have the affirmative obligation to check these Terms periodically for changes. Your continued use of the Services following the posting of such changes to these Terms will constitute your acceptance of such changes.

4. Your Responsibilities

   1. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, POWER, AND AUTHORITY TO ENTER INTO THESE TERMS.

   2. You may provide language, text, data, information to us (“Your Information”), which shall be true, accurate, and complete.

   3. You agree that you are solely responsible for any and all activities that occur under your account(s).

   4. You shall not, directly or indirectly:

      1. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, POWER, AND AUTHORITY TO ENTER INTO THESE TERMS.

      2. You may provide language, text, data, information to us (“Your Information”), which shall be true, accurate, and complete.

      3. You agree that you are solely responsible for any and all activities that occur under your account(s). 

      4. You shall not, directly or indirectly:

      5. Reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Services.

      6. Use the Services or Content for purposes of competitive analysis of the Services, the development of a competing product or service, or any other purpose that is to Newfront’s commercial disadvantage.

      7. Frame or mirror any part of the Services or rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Services, or any features or functionality of the Services, to any third party for any reason, whether or not over a network or on a hosted basis, including in connection with the internet or any web hosting, wide area network (WAN), virtual private network (VPN), virtualization, time-sharing, service bureau, Services as a service, cloud, or other technology or service.

      8. Create a database by systematically downloading and storing all or any Content.

      9. Use any robot, spider, rover, scraper, offline readers, site search/retrieval applications or any other data mining technology or automatic or manual process, system or software to monitor, cache, frame, mask, extract data from, copy or distribute the Content (except as may be a result of standard search engine or internet browser usage) or circumvent the navigational structure or presentation of the Services.

      10. Use or allow others to use the Services to (a) perform or facilitate dangerous, illegal, or malicious activities; (b) upload, distribute, transmit, communicate, link to, publish or access any data, information or material through, using or otherwise in connection with the Service, that: (i) is libelous, defamatory, vulgar or obscene, pornographic, sexually offensive or explicit, harmful or harassing, threatening, hateful, racially, culturally, ethnically or otherwise objectionable or offensive, discriminatory or abusive; (ii) violates any law or regulation or the rights of others; (iii) causes duress, distress or discomfort to another or is likely to deter or discourage others from using the Service; and/or (iv) infringes any intellectual property, proprietary rights or confidentiality obligations of others.

5. Use of Information and the Content

   1. Newfront’s Use of Your Information. You acknowledge and agree that Newfront may, directly or indirectly through the Services, collect and use Your Information regarding the use or performance of the Services. You agree that Newfront may use, perform data analytics, including but not limited to benchmarking, modeling, consulting, creating Insights, reports, or take other action on such information to:

      1. Improve the quality of the Services; and

      2. Develop or market other products or services. Notwithstanding the foregoing, Newfront’s use (or restrictions on its use) of Your Information shall be in accordance with our Privacy Policy.

   2. Reliance on Website. The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of its contents.

   3. Reliance on Services. The Services (excluding the Website), and Content do not constitute accounting, investment, legal, tax or any other type of professional advice. Consult your Newfront broker for questions about insurance, risk management or employee benefits. Policy, coverage, or other insurance-related changes requested through Navigator™ are subject to review and approval by the applicable carrier at the carrier’s sole discretion. Any such requested changes should be considered preliminary until you have received written confirmation of an approved change from the carrier.

6. DISCLAIMER OF WARRANTIES

   1. THE SERVICES ARE PROVIDED TO YOU "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND, INCLUDING AVAILABILITY. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, NEWFRONT, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SERVICES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, NEWFRONT PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, OR WORK WITH ANY OTHER SERVICES, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE, FREE OF VIRUSES, MALICIOUS CODE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

7. LIMITATION OF LIABILITY

   1. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL NEWFRONT, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. 

   2. THE LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY EVEN IF YOUR REMEDIES UNDER THESE TERMS FAIL OF THEIR ESSENTIAL PURPOSE.

8. Binding Arbitration of Disputes; No Class Relief
   This section is deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and Newfront agree that we intend that this satisfies the “writing” requirement of the Federal Arbitration Act.

   1. Dispute Resolution. If you have any disagreement or issue with Newfront related to or arising from (i) your use of the Service; (ii) Newfront’s performance of the Services; (iii) transactions or communications related to the Services; (iv) breach of these Terms; (v) the Parties’ inducement to these Terms; or (vi) any data, information, or content you provide to us or we collect in connection with your use of the Services (collectively, a “Dispute”), you agree that such Dispute shall be resolved through arbitration as set forth in Section 8.2. Notwithstanding the foregoing, we will make every reasonable effort to informally resolve any Dispute. 

   2. Arbitration. In the event the Parties are unable to negotiate a resolution informally, the Dispute shall be submitted to binding and confidential arbitration before a single arbitrator administered by the American Arbitration Association (“AAA”) in accordance with the AAA’s Commercial Arbitration Rules. The Parties further agree that:

      1. California law shall govern the Dispute; 

      2. The arbitrator shall determine arbitrability of the Dispute;

      3. The Arbitration can resolve only your or our individual claims, and the Arbitrator shall have no authority to entertain or arbitrate any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated;

      4. Discovery may be conducted pursuant to California Code of Civil Procedure Paragraph 1283.05; 

      5. The arbitrators’ award shall be final and binding upon the Parties; 

      6. The arbitration will be held in San Mateo County, California; 

      7. The prevailing Party, as determined by the arbitrators, shall be entitled to an award from the losing Party for the prevailing Party’s reasonable attorney’s fees and costs; 

      8. Judgment upon any decision in arbitration may be entered in any court of competent jurisdiction; and

      9. The fact of arbitration under this section, along with any information or documents shared as part of any mediation or proceedings of the arbitration, including any award, shall be treated as confidential by you and shall not be disclosed except as may be required by applicable law or court order.

9. Other Important Provisions

   1. Term. These Terms are effective as of the date you first use or access the Services and shall continue for as long such access or use persists. 

   2. Termination. We may terminate these Terms, restrict, suspend or terminate your use of the Services immediately and without notice or liability, if you violate, breach or fail to comply with these Terms in any way, and it will not limit any other rights or remedies which are available to us. Without limitation of any other provisions hereof regarding termination, we reserve the right to terminate your use of the Service, without cause, upon reasonable notice. You may terminate these Terms immediately by ceasing to use the Services. Termination is your sole right and exclusive remedy if you are not satisfied with the Services. Termination of these Terms shall not relieve you of any obligations to pay accrued charges, as specified to you in writing. 

   3. No Waiver. No failure or delay in enforcing any provision, exercising any option or requiring performance, shall be construed to be a waiver of that or any other right in connection with these Terms; provided, however, no action arising out of these Terms or your use of the Services, regardless of form or the basis of the claim, may be brought by you more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first arose) and you hereby waive any longer statute of limitations that may be permitted by law. Nothing contained in these Terms is in derogation of our right to comply with legal or regulatory requirements relating to your use of the Services.

   4. Survival. Any provision which must survive in order to allow us to enforce its meaning shall survive the termination of these Terms. 

   5. Third Party Beneficiaries. You may not assign your rights under these Terms without our prior written permission and any attempt by you to do so shall be void from inception. These Terms are solely for the benefit of the Parties. These Terms do not confer upon third parties any remedy, claim, liability, reimbursement, claim of action, or other right in excess of those existing without reference to these Terms.

   6. Governing Law. These Terms shall be governed by the laws of the State of California without regard to conflicts of law principles. 

   7. Relationship to Other Agreements. These Terms, together with any other terms of use applicable to other Newfront websites, other policies, rules and provisions that are described, linked or otherwise referred to, including, without limitation, Newfront’s Privacy Policy, constitute the entire agreement between you and us, superseding any and all prior or inconsistent understandings, representations or agreements regarding the Services.