Terms of Use

Newtek Insurance Agency Web Portal Online User Agreement

Please read Newtek Insurance Agency's Terms of Use carefully before using Newtek Insurance Agency's Website (www.newtekinsurance.com) (the "Site"). By using the Site, you agree to be bound by these Terms of Use. If you do not agree with any part of these Terms of Use, you may not use the Site! Your continued use of the Site will constitute your acceptance of these Terms of Use, as modified or supplemented by Newtek Insurance Agency at any time without notice to you.

About Newtek Insurance Agency

Newtek Insurance Agency, LLC ("Newtek Insurance Agency", a subsidiary of Newtek Business Services, Inc. (NASDQ:NEWT) is an online insurance agency that provides certain insurance products and services (collectively the "Services") to businesses and consumers online through a web portal that as we refer to 'Agency in a Box' ("Agency in a Box"). All available coverage's are subject to the terms and conditions of the insurance policies issued by the particular insurance carrier. Coverage and its availability may vary by state and your particular circumstances. Not all persons or businesses will qualify for any particular product.

The products and services offered in the site are only available in the jurisdictions in which Newtek Insurance Agency is properly licensed.

Authorized Users

Some portions of the site are protected and require a user identification code ("User Id") and password for access. Throughout this Agreement, the use of "Authorized User", "You" or similar shall refer to an authorized user of the Site who has been given a User Id. After receipt of a User Id, You will be required to establish a password that will be personal to you; for security purposes, we reserve the right to require each authorized User to periodically change his or her password.

You agree that you will notify Newtek Insurance Agency immediately if you believe that a third party has obtained your User ID or password, or if you believe that an unauthorized access may occur or has occurred. For your protection, if Newtek Insurance Agency believes that any unauthorized access may occur or has occurred, Newtek Insurance Agency may terminate Your access without prior notice to you. You also agree that Newtek Insurance Agency is permitted to act upon any instructions received by you using your User ID and password and to consider such instructions authorized by you.

Your use of Agency in a Box for any purpose other than its intended purposes (including without limitation by tampering, hacking, modifying or otherwise corrupting its security or functions) is prohibited and may subject You to civil and/or criminal liability.

Operating Policies

Authorized Copies. You may cite or refer to the information on the Agency Portal and make and retain copies of the information on the Agency Portal solely for your internal use in evaluating and /or acquiring the products and services offered on or through the Agency Portal. You also may, and should, retain a copy of this Agreement for your records. Except as expressly authorized, herein you shall not duplicate, download, publish, modify or otherwise distribute any material from the Agency Portal.
Intellectual Property Rights.
- (a) All content and materials on the Agency Portal including, without limitation, text, graphics, logos, buttons, icons, images, audio clips and software included in the Agency Portal are the property of Newtek Insurance Agency or its licensors and are protected by U.S. and international copyright, trademark and other proprietary rights and Intellectual Property Rights (as defined below) laws. The compilation of all content on the Agency Portal is the exclusive property of Newtek Insurance Agency and is protected by U.S. and international copyright laws. All software used on the Agency Portal is the property of Newtek Insurance Agency or its licensors and is protected by U.S. and international copyright laws.
- (b) You acknowledge that you do not acquire any ownership rights by virtue of downloading any material form the Agency Portal. All rights not expressly granted hereunder are expressly reserved to Newtek Insurance Agency.
- (c) For purposes of this Agreement, the term" Intellectual Property Rights" means, collectively, rights under patent, trademark, copyright and trade secret laws, and any other intellectual property or proprietary rights recognized in any country or jurisdiction worldwide.
Submission of Risks.
- (a) Newtek Insurance Agency has established the Agency Portal for its benefit and the benefit of its Authorized Users. Authorized Users have the ability to submit risks to Newtek Insurance Agency using the Agency Portal. Newtek Insurance Agency will, without obligation, use reasonable efforts to respond to submissions from Authorized Users of the Agency Portal promptly.
- (b) You acknowledge that Newtek Insurance Agency will rely upon all of the information You provide to Newtek Insurance Agency. Accordingly, You acknowledge that in any application for insurance through the Agency Portal, You will disclose and /or truthfully represent to Newtek Insurance Agency all facts that are material to the risks to be insured, and that your failure to disclose completely or truthfully represent such material fact(s) may result in the avoidance or cancellation of insurance obtained through the Agency Portal.
- (c) You acknowledge and agree that any online quotes submitted to You by means of the Agency Portal may be accepted by You only through the Agency Portal or by sending, via facsimile to the facsimile number in the Contact Us section of the Agency Portal, a copy of the actual quote that (i) includes Your express written acceptance of the quote and (ii) is signed, and dated by You or in the case of a business executed by an authorized representative of the company.
- (d) There is no guarantee by Newtek Insurance Agency that it will be able to obtain a quote for an application submitted through the Agency Portal. Further, Newtek Insurance Agency reserves the right to refuse to provide a quote for any request submitted through the Agency Portal at any time.
- (e) You represent that You have are authorized to submit to Newtek Insurance Agency any personally identifiable information regarding any person in connection with the submission of any risk or application using the Agency Portal. Further, You agree to indemnify and hold Newtek Insurance Agency harmless from and against any claims, actions or proceedings with respect to Your unauthorized use of any person's personally identifiable information.
- (f) In connection with your use of the Agency Portal, you consent to Newtek Insurance Agency recording and retaining communication, electronic or otherwise, between you and Newtek Insurance Agency and any information and data you submit while using the Agency Portal.
- (g) Except as provided in the applicable agency agreement, Newtek Insurance Agency shall have no liability whatsoever the results of your submission to, arising out of or relating to your use of, the Agency Portal.

Warranty Disclaimer; Limitation of Liability.

(a) YOU USE THE NEWTEK INSURANCE AGENCY WEB PORTAL SOLELY AT YOUR OWN RISK. AGENCY IN A BOX IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE OR NON-INFRINGEMENT. NEWTEK INSURANCE AGENCY DOES NOT WARRANT THAT AGENCY IN A BOX, OR ANY PART THEREOF, WILL BE AVAILABLE OR OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER OR THAT ERRORS OR DEFECTS WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
(b) NEWTEK INSURANCE AGENCY DOES NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION PROVIDED ON AGENCY IN A BOX. UNDER NO CIRCUMSTANCES WILL NEWTEK INSURANCE AGENCY BE LIABLE FOR ANY LOSS OR DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES CAUSED BY RELIANCE ON THIS INFORMATION. CERTAIN MATERIAL AND INFORMATION AVAILABLE ON AGENCY IN A BOX MAY INCLUDE MATERIAL AND INFORMATION FROM THIRD PARTIES. NEWTEK INSURANCE AGENCY CANNOT GUARANTEE OR REPRESENT OR WARRANT THAT THE THIRD PARTY MATERIAL AND /OR OTHER INFORMATION PROVIDED THROUGH AGENCY IN A BOX IS ACCURATE, COMPLETE, TIMELY, APPROPRIATE TO YOU AND/OR INOFFENSIVE.
(c) YOU ACKNOWLEDGE AND AGREE THAT
- (i) YOU ARE SOLELY RESPONSIBLE FOR ALL DECISIONS YOU MAKE BASED ON INFORMATION YOU OBTAIN ON OR THROUGH AGENCY IN A BOX;
- (ii) YOU SHOULD EXERCISE YOUR OWN INDEPENDENT JUDGMENT IN MAKING ANY DECISIONS BASED UPON INFORMATION YOU OBTAIN ON OR THROUGH AGENCY IN A BOX; AND
- (iii) BEFORE MAKING ANY DECISIONS, IT IS YOUR SOLE RESPONSIBILITY TO CONSIDER WHETHER THIS INFORMATION YOU OBTAIN ON OR THROUGH AGENCY IN A BOX IS APPROPRIATE IN LIGHT OF YOUR SPECIFIC NEEDS, OBJECTIVES, GOALS AND CIRCUMSTANCES.
(d) YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEWTEK INSURANCE AGENCY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE USE OF AGENCY IN A BOX, INCLUDING, INTANGIBLE LOSSES (EVEN IF NEWTEK INSURANCE AGENCY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS, IN WHOLE OR IN PART, HELD TO BE INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF NEWTEK INSURANCE AGENCY FOR ANY REASON AND UPON ANY CAUSE OF ACTION (INCLUDING, WITHOUT LIMITATION NEGLIGENCE, STRICT LIABILITY AND OTHER ACTIONS IN CONTRACT OR TORT) ARISING OUT OF OR IN ANY WAY RELATED TO "AGENCY IN A BOX" OR THIS AGREEMENT SHALL BE LIMITED TO DIRECT DAMAGES ACUTALLY INCURRED UP TO ONE HUNDRED DOLLARS ($100.00)
(e) THE LIMITATION OF LIABILITY HEREIN APPLIES TO ALL OF OUR LIABILITIES IN THE AGGREGATE ARISING OF OR RELATING TO AGENCY IN A BOX INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM YOUR USE OF OR YOUR INABILITY TO USE AGENCY IN A BOX (OR ANY PART THEREOF). BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Indemnity of Newtek Insurance Agency.

You agree to indemnify and hold Newtek Insurance Agency harmless, and at Newtek Insurance Agency's request, to defend Newtek Insurance Agency from and against any claim, demand, cause of action, debt, loss, cost or liability, including reasonable attorney's fees (collectively, "Costs"), to the extent that it is based upon, arises out of, or relates to your use of, or inability to use Agency in a Box; provided, however, that you shall not be liable for any such Costs arising out of the gross negligence or willful misconduct of Newtek Insurance Agency.

Dispute Resolution.

If any claim or dispute shall arise between you and us in connection with, arising from, or in respect to the interpretation of this Agreement or regarding your use of Agency in a Box then such dispute or controversy shall be submitted for arbitration to the Washington, DC office of the American Arbitration Association in accordance with its commercial arbitration rule then in effect. Any such dispute or controversy shall be determined under the substantive law of the District of Columbia (not withstanding its conflicts of laws principles) by one (1) arbitrator. Such arbitrator may award any relief which such arbitrator shall deem proper including, without limitation, an award of money damages (including interest on unpaid amounts, calculated from the due date at a rate per annum determined by said arbitrator), specific performance and injunctive relief. The award and fine of such arbitrator shall be conclusive and binding upon the parties thereto, and judgment upon such award may be entered in a court of competent jurisdiction. Any party against whom an arbitrator's award shall be issued shall not, in any manner, oppose defend against any suit to confirm such award, or any enforcement proceedings brought against such party, whether within or outside the United States of America, with respect to any judgment entered upon the award, and such party hereby consent the entry of a judgment against such party, in the full amount thereof, or other relief granted therein, in any jurisdiction in which enforcement is sought. Notwithstanding any provisions in the Rules of the American Arbitration Association to the contrary, the party against whom the arbitrator's award is issued shall pay the fees of the arbitrator and the parties hereto hereby consent to the jurisdiction of any applicable state or federal court of general jurisdiction located in Washington, DC, and each irrevocably submits to the jurisdiction of such courts and waives any objection it may have to either the jurisdiction or venue of such courts. Any notices or service or process required in connection with any arbitration hereunder, or any related court proceedings be given in the manner provided for in the notices section set forth herein.

Choice of Law and Forum.

You and Newtek Insurance Agency each agree that the substantive laws of Washington, the District of Columbia, USA will govern with respect to matters relating to or arising out of this Agreement, or the use (or inability to use) Agency in a Box, and that such laws will appear without regard to principles of conflict of laws. SUBJECT AND WITHOUT PREJUDICE TO THE DISPUTE RESOLUTION PROCEDURES SET FORTH ABOVE, YOU AND NEWTEK INSURANCE AGENCY AGREE AND HEREBY SUBMIT TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE APPROPRIATE STATE AND FEDERAL COURTS LOCATED IN WASHINGTON, DC.

Limitation of Claims.

REGARDLESS ON ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF RELATED TO AGENCY IN A BOX MUST BE NOTICED FOR ARBITRATION, FILED, OR OTHERWISE COMMENCED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR SUCH CLAIM OR CAUSE OF ACTION SHALL BE FOREVER BARRED.

Notices.

Any written notice required or permitted to be delivered pursuant to this Agreement shall be in writing and shall be deemed delivered: (a) upon delivery if delivered in person; (b) three (3) business days after deposit in the United States mail, registered certified mail, return receipt requested, postage prepaid; (c) upon transmission if sent via telecopier, with confirmation copy sent via overnight mail; or (d) one (1) business day after deposit with a national overnight courier, in the case of Newtek Insurance Agency addressed to Newtek Insurance Agency, 1627 I Street, NW 11th Floor, Washington, DC 20006, Attn: President; and in Your case to the address you provided during your registration with us.

Miscellaneous Terms.

The failure of Newtek Insurance Agency to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and that other provisions of this Agreement remain in full force and effect. The section headings used in this Agreement are for convenience only and have no legal or contractual effect. Newtek Insurance Agency shall have the right to assign this Agreement, as well as rights and duties under this Agreement, to an affiliate. For purposes of this Agreement, "affiliate" shall mean any entity that now the future, directly or indirectly, controls, is controlled with or by or is under common control with Newtek Insurance Agency.