Newport Group, Inc. (Newport) Terms and Conditions
THE FOLLOWING TERMS AND CONDITIONS APPLY TO AUTHORIZED PERSONS INCLUDING CLIENT REPRESENTATIVES, PARTICIPANTS AND BENEFICIARIES WHO PARTICIPATE IN RETIREMENT PLANS FOR WHICH NEWPORT PROVIDES SERVICES UNDER A CLIENT AGREEMENT.
THESE TERMS AND CONDITIONS ALSO APPLY TO ANY THIRD PARTY WHO HAS BEEN RETAINED BY A NEWPORT CLIENT TO PROVIDE SERVICES TO THE PLAN OR PROGRAM. SUCH PARTIES HEREBY REPRESENT THAT THE CLIENT HAS GIVEN ITS WRITTEN CONSENT TO ACCESS CLIENT AND PLAN INFORMATION THROUGH THIS SITE.
YOUR USE OF THIS SITE CONSTITUTES YOUR CONTINUED ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY DISCONTINUE USE OF THE WEBSITE AND CONTACT US SO THAT WE MAY TERMINATE YOUR ACCESS TO THE WEBSITE.
This website is operated by Newport Group, Inc. When used in these Terms and Conditions, "Newport", "we" and "our" mean Newport Group, Inc.
LOGIN CREDENTIALS, ACCOUNT INFORMATION
Certain parts of this site may be protected by passwords or require a login. Further, for authentication purposes, certain features on this site may require you to answer a designated security question. You agree to provide Newport with current, complete, and accurate information about you as prompted by the applicable registration process and agree to regularly update this information to maintain its completeness and accuracy. You agree to use this site to access only those accounts on which you are authorized to act, and you agree to use your own user names, logins, passwords, and security questions and answers when accessing accounts on which you are authorized to act. You agree not to obtain or attempt to obtain unauthorized access to such parts of or features on this site, or to any other protected materials or information, through any means not intentionally made available to you by Newport.
You are responsible for maintaining the confidentiality of any account information, user names, logins, passwords, and security questions and answers that you use to access any page or feature on this site, and for logging off of your account and any protected areas of the site. Further, you are fully responsible for all activities occurring under your accounts, user names, logins, passwords, and security questions and answers that result from your negligence, carelessness, misconduct, or failure to use or maintain appropriate security measures. If you become aware of any suspicious or unauthorized conduct concerning your accounts, user names, logins, passwords, or security questions and answers, you agree to contact Newport immediately. Newport will not be liable for any loss or damage arising from your failure to comply with this paragraph.
USER RESPONSIBILITY FOR DEVICES AND DATA TRANSMITTED THROUGH THE INTERNET
This website is accessible by computers including desktops and mobile devices with internet access (referred to generally as "Devices"). Financial and other transactions are not supported in the mobile version of our sites at this time.
Data hosted on and transmitted to and from Newport's websites are encrypted. If you use a wireless connection, your service provider may need to de-encrypt downloaded information and encrypt your transmissions. Because there may be a brief moment during which your personal information may not be encrypted, you should only use wireless networks operated by wireless service providers that you trust.
Certain portions of this website may offer you the ability to e-mail a message to Newport. E-mail functionality, if any, is provided to you to facilitate certain communications between you and Newport. However, because these communications are not generally encrypted or secured, Newport will not accept transactional instructions via e-mail. Accordingly, you agree that you will not use e-mail to request, authorize or effect the purchase or sale of any securities or other product or service, to change your address or other account information, to change your User Codes, to transmit personal credit information (including credit card numbers), to send fund transfer instructions, or for any other financial transactions that require formal authorization in accordance with applicable law or policies and procedures of Newport. Any such requests, orders, or instructions that you send to Newport by e-mail will not be accepted or processed. Newport shall have no liability for any loss or damage that arises from e-mail requests, orders or instructions sent in violation of this provision. Moreover, Newport shall have no liability for any loss or damage that results from interception and/or unauthorized use by third parties of any information you send by e-mail.
In addition, you agree that under no circumstances will you e-mail non-public personal information to us.
You are responsible for the data security of your Devices, including maintaining physical control over your Devices and protecting the data on your Devices. You are also responsible for the manner in which you obtain internet access, including the selection of their internet service provider, use of a wired or wireless connection, and any access over unsecured networks. Newport is not an internet service provider and does not maintain a wired or wireless network for your use. Although data in transmission is encrypted, Newport has no control over data in transit to or from its websites and cannot guarantee the privacy or security of data in transit or the speed or reliability of transmissions over internet connections. The possibility of an interrupted or delayed transmission should be considered when transmitting time-sensitive instructions to our websites. BY ACCESSING THIS WEBSITE, YOU AGREE YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO SECURE YOUR DEVICES AND ANY PERSONAL INFORMATION STORED ON OR ACCESSED BY THAT DEVICE.
Information about investment products or services provided on our websites is reproduced from materials provided by third party product or service providers and is intended for informational purposes only. Such information does not constitute a recommendation from Newport to buy, sell or hold a product or to subscribe to an investment service. Any investment advice may be provided to you only by an investment advisor who has entered into a separate agreement with the plan fiduciaries to provide those services. No advice services are offered or provided in connection with these Terms and Conditions.
When acting as a record keeper for a retirement plan subject to the Employee Retirement Income Security Act of 1974, as amended ("ERISA") Newport is not undertaking to provide investment advice or to give advice in a fiduciary capacity.
Newport has no financial interest in the investment options offered through 401(k) and other ERISA retirement plans. Newport's compensation does not increase or decrease as a result of the investment decisions made by the sponsor or plan participants.
Our websites may contain service descriptions and links to other third party service providers retained by the plan fiduciaries. By providing these links and information, Newport is not making a recommendation to you to subscribe to or otherwise use such services. We receive no additional compensation as a result of your decision to use or not use such services.
PLAN/PROGRAM BENEFITS, TAX, LEGAL AND ACCOUNTING INFORMATION
Our websites may contain general information about the financial advantages of participating in a plan or program, including a description of certain tax, accounting or legal advantages and the conditions that must be met in order to obtain these advantages. As with investment information, this information is intended for educational purposes only and does not constitute a recommendation based on your personal situation. Accordingly, nothing on this website should be construed as rendering personal financial, tax, legal, or accounting advice. Individuals accessing our sites are encouraged to consult their personal finance, tax, legal or accounting advisor when formulating any strategies for contributing, investing or receiving payments from a plan or program. Newport is retained as a third-party service provider to the sponsor or plan fiduciary for the plan or program and does not sponsor the plan or program itself. Newport does not guarantee or warrant a financial result by participating the plan or program. You agree not to hold Newport or its third-party information providers liable for any possible claim for damages arising from any decision you make based on the materials made available to you through this site.
OWNERSHIP AND USE OF CONTENT
Subject to our services agreements with our clients and except for User Content (defined below) all materials on our sites, whether separate or compiled, including, but not limited to, text, graphics, audio clips, logos, buttons, images, digital downloads, data compilations, software, icons, html code and xml code, as well as all copyright, patent, trademark, trade dress, and other rights therein, are owned or licensed by Newport and its third-party information providers, and are protected by United States and international intellectual property laws.
You agree that you are solely responsible for all information, data, content, text, photographs, graphics, images, videos, messages, comments, quotations, files, documents, and any other materials that you submit, upload, post, e-mail, transmit, or otherwise make available on our sites ("User Content"). By submitting, uploading, posting, e-mailing, or transmitting User Content to our sites, you represent and warrant that either you own all right, title, and interest in and to the User Content or have express permission from the owner to copy and use such User Content for all purposes related to the site. We do not control and are not responsible for the User Content uploaded to our sites, and we neither guarantee the accuracy, quality, or appropriateness of nor endorse any User Content submitted to our sites.
You agree not to use the site to:
- submit, upload, post, e-mail, transmit, or otherwise make available any User Content that is unlawful, harmful, threatening, abusive, menacing, harassing, tortious, defamatory, vulgar, pornographic, obscene, offensive, blasphemous, libelous, unlawful, invasive of another's privacy or publicity rights, hateful, or racially, ethnically, or otherwise objectionable;
- submit, upload, post, e-mail, transmit, or otherwise make available any User Content that personally attacks or is derogatory toward Newport as an entity, Newport employees, any Newport products or services, or any Newport materials;
- harm minors in any way, including, but not limited to, submitting, uploading, posting, e-mailing, transmitting, or otherwise making available content that violates child pornography laws, child sexual exploitation laws, or laws prohibiting the depiction of minors engaged in sexual conduct;
- impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the site;
- submit, upload, post, e-mail, transmit, or otherwise make available any User Content that you do not have a right to make available under any law or contractual or fiduciary relationships or obligations;
- submit, upload, post, e-mail, transmit, or otherwise make available any User Content that infringes, violates, or misappropriates any patent, trademark, trade secret, copyright, or other intellectual property or proprietary right or any moral right of any party;
- submit, upload, post, e-mail, transmit, or otherwise make available any personal information or specific account details about yourself or any person or entity, except as authorized under a client services agreement with Newport or in connection with a service provided to plan participants under such agreement(s);
- submit, upload, post, e-mail, transmit, or otherwise make available any advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
- submit, upload, post, e-mail, transmit, or otherwise make available any material that contains 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; or
- intentionally or unintentionally violate any applicable local, state, national, or international laws, rules, regulations, decrees, acts, orders, directives, legislation, bills, or statutes.
Subject to our services agreements with our clients, you acknowledge that Newport and/or its vendors may or may not (but are not obligated to) monitor User Content.
From time to time, as a convenience for you, we may provide links to third party websites, or permit third parties to link to this website. Links to or from a third party site, whether or not provided by Newport, do not imply any affiliation between Newport and the site owner, or an endorsement, approval, or verification by Newport of any content available on such third party sites. We do not review any of these third party sites and we are not responsible or liable for the accuracy or completeness of the content on any such third party sites. By providing access to other websites, Newport is not recommending the purchase or sale of products or services provided by the sponsoring organization of any linked site. Subject to the terms of applicable service or other agreements, we will remove any link from this website upon request from the owner of the linked site.
TIMELINESS OF CONTENT
All content on our sites is presented only as of the date published or indicated, and may be superseded by subsequent market events or for other reasons. In addition, you are responsible for setting the cache settings on your browser to ensure you are receiving the most recent data.
AVAILABILITY OF SITE AND TERMINATION OF ACCESS
Services provided through our websites are subject to the terms of our services agreements with our plan fiduciary/corporate clients and any applicable plan or program documents. The pages relating to each product or service may provide additional information on the availability of and eligibility for such product or service. Your access to our sites may be limited or terminated if you breach these Terms and Conditions, you cease to be eligible for products or services described, or the services relationship with the client terminates.
NEWPORT DOES NOT WARRANT THE ACCURACY OF INFORMATION ON ITS WEBSITES PROVIDED BY THIRD PARTIES, INCLUDING, WITHOUT LIMITATION, (A) OUR CLIENTS, (B) PARTICIPANTS AND BENEFICIARIES OF OUR CLIENTS' PLANS OR PROGRAMS (C) THIRD PARTY INVESTMENT PRODUCT AND SERVICE PROVIDERS WHO SUPPLY SERICE AND PRODUCT INFORMATION, ASSET VALUES AND PEFORMANCE DATA AND (D) MARKET INTERMEDIARIES INCLUDING, BUT NOT LIMITED TO, TRUSTEES, CUSTODIANS, SECURITIES EXCHANGES, NSCC FUND/SERV AND THE INTERMEDIARIES OF TRADE COUNTERPARTIES. NEWPORT HAS NO OBLIGATION TO INQUIRE AS TO THE ACCURACY OF SUCH INFORMATION. NEWPORT HAS NO RESPONSIBILITY FOR DECISIONS BASED ON THIRD PARTY INFORMATION.
UNLESS PROVIDED IN A CLIENT AGREEMENT, NEWPORT HAS NO DIRECT LEGAL RESPONSIBILITY TO PLAN PARTICIPANTS AND BENEFICIARIES; CLAIMS BY PARTICIPANTS AND BENEFICIARIES SHOULD BE HANDLED THROUGH THE PLAN'S CLAIMS PROCEDURES AND IF THERE ARE NO PROCEDURES FOR THE APPLICABLE PLAN OR A PARTICULAR CLAIM, THROUGH THE SPONSOR OR PLAN FIDUCIARY FOR THE PROGRAM. ANY ERRORS OR OMISSIONS BY NEWPORT WILL BE ADDRESSED WITH THE SPONSOR OR PLAN FIDUCIARY UNDER THE TERMS OF NEWPORT'S SERVICE AGREEMENTS.
NEWPORT'S PRIVACY AND DATA SECUIRTY POLICY IS BASED ON THIRD PARTY SECURITY ASSESSMENTS OF OUR SYSTEMS AND OUR EXPERIENCE WITH DATA SECURITY ISSUES. ALTHOUGH WE WILL MAINTAIN OUR WEBSITES IN ACCORDANCE WITH OUR DATA SECURITY POLICIES AND OUR SERVICES AGREEMENTS WITH OUR CLIENTS, NEWPORT DOES NOT WARRANT THAT ITS WEBSITES WILL BE FREE FROM THIRD PARTY UNAUTHORIZED ACCESS OR MALICIOUS SOFTWARE. NEWPORT'S DATA SECURITY POLICY REQUIRES IMMEDIATE ESCALATION AND PROMPT REMEDIATION OF DISCOVERED DATA SECURITY BREACHES. HOWEVER, NEWPORT IS NOT RESPONSIBLE FOR COSTS OR OTHER LOSSES YOU MAY INCUR FOR SERVICING, REPAIR, REPROGRAMMING, THE COST OF ANTI-VIRUS OR OTHER PROTECTIVE SOFTWARE OR REPLACEMENT OF YOUR DEVICES, NOR ARE WE RESPONSIBLE FOR LOSS OF DATA, ERRORS OR OTHER PROBLEMS YOU MAY EXPERIENCE ON YOUR DEVICES AS A RESULT OF VISITING THIS WEBSITE.
TO THE EXTENT THAT THE LAW DOES NOT PERMIT THE DISCLAIMER OF WARRANTIES, ALL CONTENT ACCESSIBLE ON THIS WEBSITE, OR ANY OTHER WEBSITE TO WHICH WE LINK, AND ALL OPERATIONS ON THIS WEBSITE ARE WARRANTED ONLY TO THE MINIMUM AMOUNT LEGALLY REQUIRED.
LIMITATION OF LIABILITY
SUBJECT TO THE TERMS OF OUR CLIENT AGREEMENTS, NEITHER NEWPORT NOR ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, OR ANY THIRD-PARTY INFORMATION PROVIDERS AND VENDORS WILL BE LIABLE TO SITE USERS FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, INCOME, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, OR DAMAGES CAUSED BY THEFT, UNAUTHORIZED ACCESS, OR COMMUNICATIONS LINE FAILURE, OR THE COST OF PROCURING SUBSTITUTE GOODS OR SERVICES, CAUSED BY THE USE OF OR INABILITY TO USE THE SITE OR ANY OTHER MATTER RELATING TO THIS SITE, EVEN IF NEWPORT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURSIDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT THAT A JURISDICTION DOES NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY AS SET FORTH HEREIN, THE LIABILITY OF NEWPORT AND ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, AND ANY THIRD-PARTY INFORMATION PROVIDERS AND VENDORS IS LIMITED TO THE EXTENT PERMITTED BY LAW IN SUCH JURISDICTIONS.
You agree to indemnify, defend, and hold harmless Newport, its subsidiaries and affiliates, and each of its and their officers, directors, employees, and agents, from and against all claims, demands, liabilities, damages, losses, or expenses, including attorney's fees and costs, arising out of or related to your unauthorized use of this site, any violation of the Use of Content provisions set forth above or a violation of applicable laws.
The Content on this website, and these Terms and Conditions, are subject to change or updating by us at any time without prior notice. The changes may include superseding terms and conditions or specific notices. Your continuing use of this website following any changes about which you are notified constitutes your continued acceptance of the Terms and Conditions, as modified.
GOVERNING LAW AND VENUE
These Terms shall be governed and construed in accordance with the laws of the State of Delaware, without regard to conflicts of law principles. You agree that any claim, dispute, controversy or other matter arising out of your use or access to this Site shall be subject to the exclusive jurisdiction of the federal and state courts located in San Francisco County, California and you consent and submit to the personal jurisdiction of those courts for purposes of litigating any such matter.
The services and products described and information provided through this website 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 Newport to any registration requirement within such jurisdiction or country. Persons who access this website do so on their own initiative, and are responsible for compliance with applicable local laws and regulations. If any part of these terms and conditions is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. The terms and conditions may be reformed by a court of law as necessary to give them full effect without violating any applicable public policy.
You agree that the provisions contained in these Terms and Conditions are reasonable and supported by adequate consideration, the receipt of which is acknowledged by you. No delay or failure by Newport to exercise any right we have under this agreement shall be treated as a waiver of any other rights we may have under the agreement or law.
© Newport Group, Inc. 2003 – 2020. All rights reserved.