Agent Portal Terms of Use

 

These Agent Portal Terms of Use (“Terms”) apply to your use of the Company’s agent portals (each a “Portal”), including any agent portal to which you are given access now or in the future. The Portals and related pages, services, tools, applications (including widgets), files, documents, templates, reports, images, audio, video and other media made available via a Portal (collectively, “Portal Content”) are owned or licensed by Liberty Mutual Insurance Company, Liberty Mutual Group, Inc., Liberty Mutual Agency Corporation, Safeco Insurance and/or their affiliated companies (collectively, “Company,” “we,” or “us”).

 

1.0 By accessing or using a Portal, you accept and agree to these Terms. If you are a principal of, or an employee of, an agency, your acceptance binds your agency and its principals and employees. Company may revise these Terms at any time by posting the revised Terms on a Portal; your continued use after posting constitutes acceptance.

 

2.0 Definitions

2.1 “Insured’s Data” means nonpublic information about a policyholder that Company provides to or receives from you in the ordinary course of doing business (including policies, claims, loss runs and billing).

2.2 “Company Data” means all Portal data that is not Insured’s Data and is Confidential and Proprietary of the Company.

2.3 “Authorized User” means an individual who satisfies all requirements set by the Company for Portal access, including: (a) the agency has a valid license to sell insurance in the jurisdictions in which it does business; (b) the Company has issued personal login credentials for that individual; and (c) the individual is either an appointed producer with a valid license and appointment by the Company or is an employee acting on behalf of such a producer.

2.4 If you are not an Authorized User, you must stop using the Portal immediately.

 

3.0 Scope of Use; Permitted Uses.

3.1 You may use the Portal and Portal Content only to transact business with the Company and to service the insureds for whom you are the producer of record, and only as permitted by these Terms and any applicable Agency Agreement(s).

3.2 You may use Insured’s Data in your possession for any legally permissible purpose to which the Insured consents. In addition to the prohibitions above, you must comply with all applicable federal, state, and local laws and regulations when using the Portal, including without limitation: producer licensing and appointment requirements, market conduct rules, anti-rebating and unfair trade practice laws, privacy and data protection laws, and any other insurance-related statutes or regulations. Use of the Portal in a manner that would violate these legal requirements is prohibited.

3.3 Company Data is Confidential and Proprietary and may be used only to carry out the terms of your Agreement with the Company.

3.4 You are granted a limited, non-exclusive, non-transferable, revocable license to access and use Portal Content solely for the purposes set forth in these Terms and any applicable Agency Agreement during the term of your authorized access. This license does not grant any ownership rights in Portal Content, and you may not sublicense or otherwise transfer your access or rights to any third party. The Company may suspend or revoke this license at any time for cause or in its discretion; in any event, the license and your right to access Portal Content will terminate immediately upon termination or suspension of your Authorized User credentials or your agency’s Agreement with the Company. Upon termination of the license, you must immediately cease all access to and use of Portal Content, except that you may retain and continue to use Insured’s Data only to the limited extent expressly permitted under these Terms and any applicable Agency Agreement or as required by law.

3.5 All suggestions, feedback, enhancement requests, ideas, proposals, or other materials (collectively, “Submissions”) that you or any Authorized User submit, upload, post, or otherwise provide to the Company through or in connection with a Portal shall be considered non-confidential and the sole property of the Company. To the extent any Submission is not automatically owned by the Company under applicable law, you hereby irrevocably assign, transfer and convey to the Company all right, title and interest worldwide in and to such Submission, including all intellectual property rights. You further grant the Company a perpetual, royalty-free, fully paid-up, transferable, sublicensable, worldwide license to use, copy, modify, publish, distribute, create derivative works of, display, perform and exploit such Submissions for any purpose, commercial or otherwise, without any obligation to you.

 

4.0 Submissions

4.1 You represent and warrant that: (a) you have all necessary rights and authority to make the Submission and to grant the rights and assignment set forth above; and (b) the Submission does not infringe or misappropriate any third party’s intellectual property rights or violate any applicable law. You will indemnify and hold the Company harmless from any claims arising out of your breach of these representations and warranties.

4.2 This Submissions Section does not apply to Insured’s Data submitted in the ordinary course of servicing a policyholder, which remains subject to the confidentiality, use and data protection provisions of these Terms and any applicable Agency Agreement.

 

5.0 Access, Credentials and Security

5.1 Access is provided via user ID and password or other credentials. You are solely responsible for maintaining the confidentiality of your credentials and for all activities that occur under your credentials.

5.2 You must immediately report any unauthorized access or loss of confidentiality of credentials to the appropriate support number for the Portal you are using to our portal support desk at 877-566-6001 or 800-989-7854 (available 24/7)

5.3 Principals of appointed agencies are responsible for supervising their staff’s Portal access, including promptly provisioning and deprovisioning employee accounts and otherwise monitoring Authorized Users to ensure access is limited to those with a legitimate business need. You agree to promptly disable or notify the Company to disable any employee’s credentials when authorization ends or when you reasonably suspect misuse.

5.4 Principals must maintain a documented list of Authorized Users, their roles, and dates of access and deprovisioning. Principals shall disable or confirm disablement within 48 hours upon termination of an employee’s authorization or upon Company request.

5.5 The Company may examine user and account activity records to the extent necessary to investigate security incidents, ensure compliance with these Terms, or for other legitimate business purposes. The Company may suspend, restrict, or terminate any user’s access at any time, with or without prior notice, for security reasons, suspected misuse, breach of these Terms, or other legitimate business reasons. The Company is not liable for any damages arising from such suspension, restriction, or termination.

 

6.0 Access Term, Termination and Post-Term Rights.

6.1 Company will terminate Portal access concurrent with termination of your Agreement with us. If your agency’s appointment or license is suspended or revoked, you must stop using the Portal immediately.

6.2 For Insured’s Data, while these Terms are in effect, you will have access to Insured’s Data until the earliest of: your request to terminate access, the date your representation of the insured ends, or three (3) years after the insured’s final policy ends, unless the insured requests otherwise or the Company agrees to a different period in writing.

6.3 If an Agency Agreement is terminated, access may be limited to what is reasonably necessary to service the agency’s remaining book of business underwritten by the Company. Your permission to use the Portal ends when you have no more policies in your book of business underwritten by the Company.

 

7.0 Confidentiality and Restrictions

7.1 Portal content, portal design, portal processes, and Company Data are confidential and proprietary. You shall not disclose or use such information except as necessary to perform services for the Company or its insureds and in accordance with these Terms and your Agency Agreement(s).

7.2 Systematic retrieval, scraping or compilation of Portal Content or data to create a separate database, algorithm, directory or product is prohibited.

7.3 You may not remove, obscure, or alter Company trademarks, service marks, logos or other proprietary notices appearing in Portal Content.

7.4 You may not reverse engineer, decompile, disassemble, modify, publish, reproduce, create derivative works, upload, post, transmit, distribute, sell, or otherwise exploit Portal software or Content except as expressly authorized in writing by Company.

7.5 Prohibited Uses You may not use the Portal to:

• Impersonate another person or use another person’s credentials;
• Access accounts or data for which you are not authorized;
• Invade the privacy of third parties, including consumers;
• Infringe or misappropriate any third-party intellectual property;
• Transmit viruses, worms, Trojan horses, or other malicious code;
• Facilitate or assist in violating the security of the Portal.

7.6 Software Export Controls Software and technical data available through a Portal may be subject to U.S. export control laws and regulations. You will not export or re-export such software or technical data in violation of U.S. export laws.

 

8.0 Privacy and Data Protection

8.1 For purposes of applicable privacy laws, Company is the data controller with respect to personal information contained in Portal Content and Insured’s Data that Company makes available via the Portal; Agency/Authorized User is an independent controller with respect to personal information it submits to the Portal. Each party will comply with all applicable federal and state privacy and data protection laws, including, where applicable, the Gramm-Leach-Bliley Act (GLBA), state insurance privacy laws, and state consumer privacy laws. Where one party processes personal information on behalf of the other, the parties will enter into mutually agreeable written data processing terms that govern such processing.

8.2 You may receive access to nonpublic personal information (NPPI) or Insured’s Data through the Portal. You must treat such information in accordance with applicable law, these Terms, your Agency Agreement(s), and the Company’s privacy policies. You are required to use reasonable procedures to protect Portals and Portal Data from unauthorized access and to immediately notify the Company of any security breach, intrusion, or unauthorized use or disclosure of confidential or Insured’s Data.

8.3 Portal transmissions use industry-standard security such as SSL/TLS. Company collects certain technical usage information (e.g., domain name, IP address, browser type) for security and portal usage analysis.

8.4 Each party will implement and maintain administrative, technical and physical safeguards reasonably designed to protect personal information from unauthorized access, disclosure, alteration, or destruction. Without limiting the foregoing, the Agency will: (i) use industry-standard transport encryption (TLS 1.2 or higher) for data in transit; (ii) implement role-based access controls and require multi-factor authentication for Administrator and other privileged accounts; (iii) maintain anti-malware/anti-virus protections and timely patch management; (iv) maintain logging and monitoring of user activity and retain logs for a commercially reasonable period; and (v) provide reasonable security awareness training for personnel with Portal access. Company will maintain equivalent safeguards for Company-managed infrastructure.

8.5 Upon reasonable request and subject to confidentiality protections, each party will provide reasonable evidence of its security program (for example, a redacted SOC 2 Type II report or similar attestations), not more than once per 12-month period, unless there is a suspected or confirmed security incident.

8.6 Breach Notification and Incident Response. Each party will notify the other without unreasonable delay and in any event within seventy-two (72) hours after discovery of a security incident or unauthorized access that materially affects Insured’s Data originating from that party’s systems or services. The notification will include, to the extent available, a description of the nature and scope of the incident, the types of data involved, the likely consequences, the measures taken and planned to address the incident, and contact information for a designated incident coordinator. The parties will reasonably cooperate in good faith to investigate, remediate and mitigate the incident, including coordinating any notifications to affected individuals and regulators. The party responsible for the incident will bear the reasonable costs of required notifications and regulatory fines attributable to its acts or omissions; where both parties contributed to the incident, costs will be allocated reasonably based on fault.

8.7 Data Subject Requests. To the extent required by applicable state consumer privacy laws (for example CCPA/CPRA, VCDPA), the parties will reasonably cooperate to enable each other to respond to data subject requests. The parties will allocate responsibilities for responding to such requests consistent with applicable law and the roles described above.

 

9.0 Indemnification

9.1 You agree to defend, indemnify and hold harmless the Company and its officers, directors, employees and agents from and against any and all claims, damages, losses, liabilities, costs and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of or access to the Portal; (b) your breach of these Terms; or (c) your violation of a third party’s rights. These obligations survive termination of these Terms.

 

10.0 Disclaimers and Limitation of Liability

10.1 Portals and Portal Content are provided “AS IS” and “AS AVAILABLE” without warranties of any kind, express or implied, including warranties of uninterrupted service, non-infringement, merchantability or fitness for a particular purpose. Company does not warrant that Portals are error-free, secure, or free from viruses or other harmful components.

10.2 The Company may, at its discretion and without liability, suspend, restrict, interrupt, modify, or discontinue all or any part of a Portal or its functionality at any time and for any reason, including for maintenance, upgrades, operational needs, security incidents, suspected misuse, or business reasons. The Company also will not be liable for any service interruptions, delays, or unavailability caused by third-party service providers, Internet service disruption, force majeure events, or other circumstances beyond its reasonable control. To the extent practicable, the Company will endeavor to provide notice of scheduled outages or planned maintenance, but it is not required to do so.

10.3 IN NO EVENT WILL COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING LOSS OF PROFITS OR LOSS OF DATA, EVEN IF ADVISED OF THE POSSIBILITY THEREOF. IF ANY COURT HOLDS THIS LIMITATION UNENFORCEABLE, THE COMPANY’S AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE PORTALS SHALL BE LIMITED TO DIRECT DAMAGES ACTUALLY INCURRED NOT TO EXCEED TWENTY-FIVE THOUSAND DOLLARS ($25,000).

10.4 Notwithstanding the foregoing limitation, the foregoing caps and exclusions will NOT LIMIT LIABILITY FOR: (a) GROSS NEGLIGENCE OR WILFUL MISCONDUCT; (b) BREACHES OF CONFIDENTIALITY OR DATA PROTECTION OBLIGATIONS THAT RESULT IN UNAUTHORIZED DISCLOSURE OF INSURED’S DATA; OR (c) INDEMNIFICATION OBLIGATIONS.

10.5 Portals may contain links to third-party sites or services. Inclusion of any link does not imply endorsement. Company is not responsible for the content, privacy practices, or terms of third-party sites.

 

11.0 Governing Law; Waiver

11.1 These Terms and all aspects of your use of the Portal are governed by the laws of the Commonwealth of Massachusetts without regard to choice-of-law principles. Failure to enforce any provision of these Terms will not constitute a waiver of such provision.

 

12.0 General Assignment

12.1 You may not assign or transfer these Terms or any rights or obligations under them, whether by operation of law or otherwise, without the Company’s prior written consent; any attempted assignment in violation of this provision is void. The Company may assign or transfer these Terms, in whole or in part, without your consent, including to an affiliate or in connection with a merger, sale of assets, corporate reorganization, or other corporate transaction.

 

13.0 Entire Agreement.

13.1 These Terms, together with any applicable Agency Agreement(s), constitute the entire agreement between you and the Company with respect to your use of the Portals and Portal Content, and supersede all prior and/or contemporaneous oral or written agreements, understandings, proposals or representations concerning the subject matter hereof. To the extent of any conflict between these Terms and an Agency Agreement, the provision that affords greater protection to Portal Data will control unless the Company expressly agrees in writing otherwise.

 

14.0 Notices; Electronic Communications

14.1 You consent to receive notices and communications from the Company related to the Portal electronically, including by posting on a Portal, email, or other electronic means. Electronic notices will be deemed given when posted to the Portal or when an email is sent to the most recent email address you have provided to the Company. It is your responsibility to maintain current contact information and to monitor the Portal and your email for communications. For notices to the Company, follow the Portal’s designated support or contact procedures; such submissions will not be effective unless received by the Company in accordance with those procedures.

 

15.0 If there is any inconsistency between these Terms and any Agency Agreement, the term that provides greater protection for Portal Data controls, unless the Company expressly agrees in writing otherwise.

 

16.0 If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in effect.

 

17.0 Effective Date / Version

17.1 These Terms are effective as posted on the Portal. Please check the Portal periodically for updates; the posting date of the latest version will be displayed on the Portal.