Date of Last Update: NOVEMBER 15, 2018
For the purposes of these Terms, “we” or “us” or “our” or “Brighthouse Financial” refers to Brighthouse Financial, Inc. and its affiliates, including Brighthouse Life Insurance Company, Brighthouse Reinsurance Company of Delaware, Brighthouse Services, Inc., Brighthouse Life Insurance Company of NY, Brighthouse Securities, LLC, and New England Life Insurance Company.
These Terms apply only to your use of the Site, and do not apply to your use of any products or services otherwise offered by us. We may have established, or will establish, additional or different terms and conditions for our products and services. In the event of any conflict between these Terms and any product or service terms and conditions, the product or service terms and conditions govern and control. In the event of any conflict between these Terms and any policy, contract or account agreements that you have with us, your policy, contract and account agreement govern and controls.
Not all of the products or services described on this Site are available in all areas of the United States and you may not be eligible for them. We reserve the right to determine eligibility.
1. Changes to These Terms
Brighthouse Financial reserves the right, in its sole discretion, to modify or replace these Terms at any time for any reason. Any modification or replacement of these Terms will become effective upon being posted at the Site. Your continued use of the Site after any modification or replacement of these Terms constitutes your agreement to be bound by such new or modified Terms. Please review the Site periodically for any modification or replacement of these Terms.
2. Privacy and Protection of Personal Information
3. Limited License; Site Availability
Subject to your compliance with these Terms, Brighthouse Financial grants you a limited, non-exclusive, non-transferrable, revocable license to access and use the Site. You acknowledge and agree that you will not access, reproduce, duplicate, copy, sell, re-sell, visit or otherwise exploit for any commercial, educational, or any other non-personal purpose the content contained on the Site without the express written consent of Brighthouse Financial. The license granted by Brighthouse Financial terminates if you do not comply with these Terms.
You represent and warrant that you will not: (a) modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Site; or (b) access, retrieve, scrape, index, download or copy any information contained on the Site through artificial means, such as spiders, bots, hacking devices or other means.
Brighthouse Financial may modify, update, interrupt, suspend or discontinue the Site at any time without notice and in its sole discretion. The Site may be subject to limitations, delays and other problems inherent in the use of the Internet and electronic communications. Brighthouse Financial is not responsible for any delays, failures or other damage resulting from such problems.
Brighthouse Financial retains the right, in its sole discretion, to determine whether your use of the Site is consistent with these Terms. We may suspend, restrict or terminate your use of the Site at any time if your use fails to comply with these Terms.
4. Links to Third Party Websites
The Site may include links to other websites or applications (each, a “Third Party Site”). We do not control or endorse any Third Party Site. You agree that your use of a Third Party Site is at your own risk and that Brighthouse Financial is not responsible for the availability or contents of any Third Party Site.
5. No Investment Advice
Nothing in this Site constitutes investment, tax, legal, or insurance advice, including our filings with the U.S. Securities and Exchange Commission (“SEC”). Except where expressly stated to the contrary, nothing on this Site constitutes an offer to sell or the solicitation of any offer to buy any security or any related product. All information available on this Site is posted for informational purposes only, and is not a recommendation that you should engage in any purchase or sale.
We do not generate the information regarding any stock prices on this Site. You should not rely on the stock price information for investment purposes. We believe that the information on the portion of this Site entitled ‘Investor Relations’ is accurate, but we cannot guarantee or warrant the accuracy, completeness, or timeliness of such information. The information made available on the portion of the Site entitled ‘Investor Relations’ speaks only as of the date referenced in such information or the date such information was originally issued. This information may have been superseded as a result of later circumstances or events. Brighthouse Financial does not undertake any obligation, and disclaims any duty, to update such information.
6. Forward Looking Statements
The materials on this Site and other oral or written statements that we make from time to time may contain information that includes or is based upon forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995. Such forward-looking statements involve substantial risks and uncertainties. We have tried, wherever possible, to identify such statements using words such as “anticipate,” “estimate,” “expect,” “project,” “may,” “will,” “could,” “intend,” “goal,” “target,” “forecast,” “objective,” “continue,” “aim,” “plan,” “believe,” and other words and terms of similar meaning, or that are tied to future periods, in connection with a discussion of future operating or financial performance. In particular, these include, without limitation, statements relating to future actions, prospective services or products, future performance or results of current and anticipated services or products, sales efforts, expenses, the outcome of contingencies such as legal proceedings, trends in operating and financial results, as well as statements regarding the expected benefits of the separation from MetLife, Inc. and the recapitalization actions.
Any or all forward-looking statements may turn out to be wrong. They can be affected by inaccurate assumptions or by known or unknown risks and uncertainties. Many such factors will be important in determining the actual future results of Brighthouse Financial. These statements are based on current expectations and the current economic environment and involve a number of risks and uncertainties that are difficult to predict. These statements are not guarantees of future performance. Actual results could differ materially from those expressed or implied in the forward-looking statements due to a variety of known and unknown risks, uncertainties, and other factors. Risks, uncertainties and other factors that might cause such differences include the risks, uncertainties and other factors identified in Brighthouse Financial, Inc.’s most recent Annual Report on Form 10-K filed with the SEC subsequent Quarterly Reports on Form 10-Q, including in the sections thereof captioned “Note Regarding Forward-Looking Statements” and “Item 1A. Risk Factors,” and in other filings Brighthouse Financial makes with the SEC. Brighthouse Financial does not undertake any obligation to publicly correct or update any forward-looking statement if Brighthouse Financial later becomes aware that such statement is not likely to be achieved. Please consult any further disclosures Brighthouse Financial, Inc. makes on related subjects in reports to the SEC.
7. Application Portal
If you have expressed interest in purchasing a product or service from Brighthouse Financial, we may provide to you a link to an application or information exchange portal (the “Portal”) in order to complete your application for such product or service. In order to use the Portal, you may be required to select a user ID and password in order to register for the Portal. In creating your account, you must provide complete and accurate information about yourself. You may not impersonate someone else, create an account for someone else, provide another’s email or create multiple accounts. You are responsible for maintaining the confidentiality of your user ID and password. You are fully responsible for all activities that occur through the use of your user ID and password.
In order to complete your application for a product or service via the Portal, you will be required to provide to Brighthouse Financial certain information, such as your name, address, medical history, and any other information that we request. You alone are responsible for the information you submit to Brighthouse Financial, and you agree to provide accurate information about yourself.
In connection with your use of the Portal, you represent and warrant that you:
(a)are at least 18 years of age;
(b)all information submitted by you through the Portal will be complete and accurate;
(c)will not submit any information that is encrypted or that contains viruses, Trojan horses, worms, time bombs, spiders, cancelbots, or other computer programming routines that are intended to damage, interfere with, disrupt, impair disable or otherwise overburden the Portal
(d)will not attempt to gain unauthorized access to the Portal, other user accounts, or other computer systems or networks connected to the Portal;
(e)will not use the Portal in any way that could interfere with the rights of Brighthouse Financial or the rights of other users of the Portal;
(f)will not remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Portal, features that prevent or restrict the use or copying of content on the Portal, or features that enforce limitations on the use of the Portal;
(g)will not impersonate any other person, falsify contact information, or otherwise attempt to mislead Brighthouse Financial or others as to the identity of the origin of any information;
(h)will not solicit personal information from minors, or submit or transmit pornography; and
(i)will abide by all applicable laws.
Submission of an application via the Portal does not guarantee that you will be eligible or approved for the product or service for which you applied. Brighthouse Financial, in its sole discretion, will determine whether you are eligible to receive such product or service.
8. Retirement Plan Sponsors and Participants
The insurance company identified within any transaction as the issuer of the policy/contract is providing confirmation of the transactions on behalf of the variable product distributor, Brighthouse Securities, LLC, and your retail broker dealer, who are acting as agents for the insurance company.
9. Intellectual Property Rights
All information and content on the Site (the “Content”), including but not limited to all text, graphics, logos, icons, images, data compilations and audio clips, is the exclusive property of Brighthouse Financial or its licensors, and is copyrighted and protected by U.S. and worldwide copyright laws and treaty provisions, as well as other intellectual property laws worldwide. You may print a copy of the Content for your personal use only provided that such copies retain all copyright, trademark and other proprietary notices. You may not reproduce, distribute, modify, publicly perform, reuse, sell or display the Content for any purpose except with the prior written consent of Brighthouse Financial.
All trademarks, service marks, graphics and logos used in connection with the Site are trademarks of Brighthouse Financial or its licensors. Your use of the Site grants you no right or license to reproduce or otherwise use any such trademarks.
In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Site are trademarks or trade dress of Brighthouse Financial. Our trademarks and trade dress may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Brighthouse Financial.
Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, service mark, or logo without our written permission.
10. Warranty Disclaimer
THE SITE IS BEING PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. BRIGHTHOUSE FINANCIAL ASSUMES NO RESPONSIBILITY OR LIABILITY FOR THE TIMELINESS, DELETION OF CONTENT OR FAILURE BY THE SITE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BRIGHTHOUSE FINANCIAL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OR ANY WARRANTY THAT THE SITE WILL: (A) MEET YOUR REQUIREMENTS; (B) BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE; (D) ANY CONTENT OR INFORMATION YOU PROVIDE TO BRIGHTHOUSE FINANCIAL WILL NOT BE DISCLOSED; OR (E) ANY ERRORS IN THE SITE WILL BE CORRECTED. YOU AGREE THAT USE OF THE SITE IS AT YOUR OWN RISK.
Certain jurisdictions may not permit certain disclaimers of warranties. In such case, we disclaim warranties to the fullest extent permitted by the applicable law.
11. Limitation on Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT BRIGHTHOUSE FINANCIAL SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR USE OF THE SITE OR ANY CONTENT CONTAINED ON THE SITE OR ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA.
12. Ideas and Materials Submission
Brighthouse Financial does not accept or consider unsolicited ideas, proposals or suggestions (collectively, “Ideas”), or materials concerning any Idea (“Materials”), including without limitation Ideas for new or improved products or services, processes or technologies, advertising and marketing campaigns, promotions or new product names. Please do not send any Ideas or Materials to Brighthouse Financial.
If, despite foregoing, you send Ideas or Materials to Brighthouse Financial, you agree that: (a) your submission does not create any contract, implied or express, between you and Brighthouse Financial; (b) your Ideas and Materials, and all intellectual property rights associated therewith, will automatically become the property of Brighthouse Financial, without compensation to you; (c) Brighthouse Financial can use the Ideas and Materials for any purpose, in any way, and without attribution or compensation to you; and (d) any information you provide will not be considered confidential.
13. Applicable Law; Mandatory Arbitration
The law of the state of Delaware, without regard to principles of conflict of laws, will apply to any disputes arising out of these Terms or the use of our Site. You agree and consent to the exclusive jurisdiction of the state or federal courts located in Delaware and waive any defense of lack of personal jurisdiction or improper venue or inconvenient forum.
You agree to arbitrate any claims that you may have arising out of your use of this Site. Arbitration is mandatory – you cannot go to court.
By using this Site, you also agree that the Federal Arbitration Act and federal arbitration law apply to this agreement will govern these Terms and any dispute of any sort that might arise between you and Brighthouse Financial.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the terms and conditions of these Terms as a court would.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
These Terms are severable. If any provision contained in these Terms is found to be illegal, invalid or unenforceable, the remaining provisions shall nevertheless continue in full force and effect, and the illegal, invalid or unenforceable provision shall be deemed modified so that they are legal, valid and enforceable to the maximum extent permitted by law.
15. Entire Agreement
These Terms contain the entire agreement between you and Brighthouse Financial regarding your use of the Site and supersede any prior agreement, whether written or oral, between you and Brighthouse Financial regarding the subject matter contained in these Terms.