Terms of Use — Charter Partners Insurance Company Member Forums
Terms of Use — Charter Partners Insurance Company Member Forums
1. Purpose and Scope
These Terms of Use ("Terms") govern access to and use of the Charter Partners Insurance Company member forums, which include The Social Feed and The Best Practice Exchange (collectively, the "Forums"). The Forums are operated by Charter Partners USA, Inc. ("Charter Partners," "we," "us," or "our") on behalf of Charter Partners Insurance Company and its protected cells, including Banyan IC and Charter Partners Risk Services (collectively, the "Captive").
The Social Feed is a general-purpose forum for member networking, community engagement, and informal discussion among Captive members.
The Best Practice Exchange is a dedicated forum for sharing safety best practices, loss prevention strategies, claims management knowledge, and risk management insights among Captive members.
By accessing or using either Forum, you ("Member" or "you") agree to be bound by these Terms. If you do not agree, you must not access or use the Forums.
2. Eligibility and Access
2.1. Membership Requirement. Access to the Forums is restricted to current members in good standing of Charter Partners Insurance Company, including members of Banyan IC and Charter Partners Risk Services, along with their designated representatives who have been approved by Charter Partners administration.
2.2. Account Security. You are responsible for maintaining the confidentiality of your login credentials. You must notify us immediately at support@charterpartners.com if you become aware of any unauthorized use of your account.
2.3. One Account Per User. Each authorized individual shall maintain only one Forum account. Sharing of login credentials is strictly prohibited.
2.4. Termination of Access. Access to the Forums will be revoked upon termination of Captive membership or at the discretion of Forum administrators for violation of these Terms.
3. Permitted Use
The Social Feed
The Social Feed is intended for:
General networking and community building among Captive members
Sharing industry news and relevant developments
Member introductions and professional engagement
Discussion of Captive governance, events, and member activities
Other general topics of mutual interest to the Captive membership
The Best Practice Exchange
The Best Practice Exchange is intended solely for:
Sharing workplace safety and loss prevention best practices
Discussing claims management strategies and procedures
Exchanging risk management insights and educational resources
Coordinating safety training initiatives among members
Reviewing and discussing safety audit findings (in de-identified form)
Discussing regulatory compliance related to safety and claims
4. Community Guidelines
The Best Practice Exchange and The Social Feed are places for members to collaborate, learn, and share proven strategies in claims, insurance, leadership, business, and legal practices. We encourage open and thoughtful discussion focused on improving performance and outcomes across our various industries.
4.1. Privacy and Compliance
To protect privacy and maintain compliance, members shall keep all shared information general in nature. In particular, members must not include any Protected Health Information (PHI), which includes:
Patient identifiers — names, dates of birth, Social Security numbers, addresses, and policy numbers
Medical information — diagnoses, treatments, prescriptions, provider notes, and surgical records
Linked claims data — any claims information that connects health details to an identifiable individual
4.2. Legal and Compliance Boundaries
The following categories of content are prohibited on both Forums:
Non-public legal matters — ongoing litigation strategies, privileged communications, settlement terms, or draft documents that have not been formally disclosed
Individual legal advice — content that could be construed as providing legal advice about an identifiable situation or party, rather than general education or discussion
Confidential third-party materials — any information covered by confidentiality or non-disclosure agreements, including partner, vendor, or employer materials marked confidential or proprietary
4.3. Respectful and Safe Conduct
Members shall refrain from posting the following:
Discriminatory, harassing, or offensive remarks related to protected characteristics (race, religion, gender, disability, age, sexual orientation, or similar) or personal attacks on individuals or organizations
Rumors, unverified allegations, or insider "tips" about employers, competitors, regulators, or market events that could be misleading
Graphic or disturbing clinical or claims descriptions that are not necessary to illustrate a general best practice and that could be upsetting or indirectly identifying
4.4. Guiding Principle
Members are encouraged to focus on principles, lessons learned, and practical insights rather than individual details, so that contributions are both broadly useful and consistently respectful of privacy and confidentiality. Every question, shared experience, and best practice should be offered in the interest of collective growth, continuous improvement, and mutual support — helping everyone deliver better outcomes while honoring the highest ethical and professional standards.
By sharing responsibly, we create a trusted space where everyone can benefit from collective expertise while protecting confidentiality.
5. Antitrust and Competition Law Compliance
This section is critical. All members must read and understand it. It applies equally to The Social Feed and The Best Practice Exchange.
5.1. Prohibited Discussions. Members shall not use either Forum to discuss, share, or exchange any of the following:
Current or future pricing, premiums, rates, or rate-setting methodologies
Market allocation, territories, or customer assignments
Bidding strategies or decisions to refrain from competing for specific business
Boycotts of any vendors, service providers, insurers, or reinsurers
Competitively sensitive business strategies unrelated to safety and claims best practices
Any agreements or understandings that could restrain trade or reduce competition
5.2. Compliance Obligation. All Forum activity must comply with applicable federal and state antitrust laws, including the Sherman Act, the Clayton Act, and the Federal Trade Commission Act, as well as any applicable state equivalents. The McCarran-Ferguson Act provides a limited antitrust exemption for the business of insurance regulated by state law; however, members should not rely on this exemption for Forum discussions and should conduct themselves in full compliance with antitrust principles at all times.
5.3. Reporting. If you observe any Forum discussion that you believe may raise antitrust concerns, you must immediately cease participation in that discussion and report it to support@charterpartners.com.
6. Confidentiality and Data Protection
6.1. Confidential Information. All content posted to either Forum, including but not limited to claims data, loss runs, safety protocols, internal policies, and member identities, is considered confidential. Members shall not disclose, reproduce, or distribute any Forum content to any third party without the prior written consent of the Charter Partners Board of Directors or its designated representative.
6.2. Personal Information. We collect and process limited personal information (name, email, company affiliation, role) to administer Forum accounts. Our collection and use of personal data is governed by our Privacy Policy. We comply with applicable data protection laws, including but not limited to state privacy statutes (e.g., the California Consumer Privacy Act as amended by the CPRA, and similar state laws) to the extent applicable to our operations.
6.3. Claims Data. Any claims data, loss experience information, or similar data shared on the Forums — particularly within The Best Practice Exchange — must be handled in accordance with applicable insurance privacy regulations and any data-sharing agreements between the Captive and its members. Members must not share personally identifiable information of claimants, injured workers, or other third parties on the Forums. All claims discussions must be de-identified and anonymized.
6.4. HIPAA Considerations. To the extent any discussion references health-related claims or medical information, members must ensure full compliance with the Health Insurance Portability and Accountability Act (HIPAA) and applicable state health privacy laws. No protected health information (PHI) shall be posted on the Forums under any circumstances. Refer to Section 4.1 for specific examples of prohibited PHI.
6.5. Data Retention. Forum content will be retained for a period of seven (7) years from the date of posting for compliance, audit, regulatory, and governance purposes. This retention period aligns with insurance industry standards and applicable regulatory requirements for record-keeping. After the retention period, content may be archived or deleted at Charter Partners' discretion. Members acknowledge that Forum posts may be subject to legal discovery in the event of litigation or regulatory investigation, and that content may be reviewed by applicable regulatory authorities during examinations.
7. Content Standards and Prohibited Conduct
7.1. General Standards. Members shall conduct themselves professionally and in good faith. Posts to The Best Practice Exchange must be relevant to safety, claims, and risk management. Posts to The Social Feed should be relevant to the Captive membership community. All members are expected to adhere to the Community Guidelines set forth in Section 4.
7.2. Prohibited Content and Conduct. In addition to the prohibitions described in the Community Guidelines (Section 4) and Antitrust Compliance (Section 5), the following are strictly prohibited on both Forums:
Posting of false, misleading, or defamatory information
Sharing of proprietary or trade secret information belonging to third parties
Solicitation, advertising, or promotion of products or services unrelated to Forum purposes
Posting of malware, phishing links, or any material that could compromise Forum security
Cross-posting content from The Best Practice Exchange to The Social Feed (or vice versa) without moderator approval, where such content involves claims data or confidential safety information
Any activity that violates applicable federal, state, or local laws or regulations
7.3. Disclaimer of Professional Advice. Content shared on the Forums by members reflects individual opinions and experiences and does not constitute professional legal, actuarial, medical, or insurance advice. Members should consult qualified professionals before making decisions based on Forum content. Neither Charter Partners, Banyan IC, nor Charter Partners Risk Services endorses, verifies, or warrants the accuracy of any member-posted content.
8. Intellectual Property
8.1. Member Content. By posting content to either Forum, you grant Charter Partners a non-exclusive, royalty-free, perpetual license to use, store, reproduce, and display such content solely for the purposes of operating and administering the Forums and fulfilling the Captive's governance, compliance, and data retention obligations.
8.2. Charter Partners Materials. All materials provided by Charter Partners on the Forums (including templates, guidelines, training resources, and reports) remain the intellectual property of Charter Partners and may not be reproduced or distributed without written authorization.
8.3. Third-Party Materials. Members must not post content that infringes upon the intellectual property rights of any third party, including copyrighted materials, without proper authorization or applicable fair use justification.
9. Moderation and Enforcement
9.1. Moderation Rights. Charter Partners reserves the right to monitor, review, edit, or remove any content posted to either Forum at its sole discretion, including content that violates these Terms or that Charter Partners reasonably believes may create legal, regulatory, or reputational risk.
9.2. Forum-Specific Moderation. The Best Practice Exchange may be subject to enhanced moderation to ensure compliance with antitrust, confidentiality, and data protection requirements given the sensitive nature of safety and claims discussions.
9.3. No Obligation to Monitor. While we reserve the right to monitor content, we are not obligated to do so and are not responsible for member-posted content.
9.4. Enforcement Actions. Violations of these Terms — including the Community Guidelines (Section 4) — may result in one or more of the following actions, at Charter Partners' discretion: warning, temporary suspension of Forum access, permanent revocation of Forum access, referral to the Charter Partners Board of Directors, or referral to legal counsel or law enforcement authorities where warranted.
10. Limitation of Liability and Indemnification
10.1. No Warranty. The Forums are provided "as is" and "as available." Charter Partners makes no warranties, express or implied, regarding the Forums' availability, accuracy of content, fitness for a particular purpose, or non-infringement.
10.2. Limitation of Liability. To the maximum extent permitted by law, Charter Partners and its officers, directors, employees, agents, cell participants, and service providers shall not be liable for any indirect, incidental, consequential, special, or punitive damages arising out of or related to your use of the Forums, including but not limited to decisions made based on Forum content.
10.3. Indemnification. You agree to indemnify, defend, and hold harmless Charter Partners, Banyan IC, Charter Partners Risk Services, and their respective officers, directors, employees, and agents from any claims, losses, liabilities, damages, costs, or expenses (including reasonable attorneys' fees) arising from your use of the Forums, your violation of these Terms, or your violation of any applicable law or the rights of any third party.
11. Insurance Regulatory Compliance
11.1. Regulatory Awareness. Members acknowledge that Charter Partners Insurance Company operates subject to the insurance laws and regulations of its domicile state and such other jurisdictions as may be applicable. Forum discussions and activities must not create obligations or liabilities that conflict with the Captive's regulatory requirements.
11.2. No Insurance Transactions. Neither Forum shall be used to bind coverage, modify policy terms, report claims, or conduct any formal insurance transaction. All such matters must be handled through Charter Partners' established business channels.
11.3. Cell-Specific Matters. Discussions specific to the operations, underwriting, or financial affairs of Banyan IC or Charter Partners Risk Services that go beyond general safety and claims best practices should be directed through official Captive channels rather than the Forums.
11.4. Regulatory Inquiries. In the event of a regulatory examination or inquiry, Forum content may be subject to review by applicable regulatory authorities. Members acknowledge and consent to such potential review.
12. Governing Law and Dispute Resolution
12.1. Governing Law. These Terms shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to its conflict of laws principles.
12.2. Dispute Resolution. Any disputes arising out of or relating to these Terms or the use of the Forums shall first be submitted to good-faith mediation. If mediation is unsuccessful, disputes shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association, conducted in Flemington, New Jersey. Each party shall bear its own costs unless the arbitrator determines otherwise.
12.3. Equitable Relief. Notwithstanding the foregoing, either party may seek injunctive or equitable relief in any court of competent jurisdiction to prevent irreparable harm.
13. Amendments
Charter Partners reserves the right to modify these Terms at any time. Members will be notified of material changes via Forum announcement and/or email. Continued use of the Forums following notice of any changes constitutes acceptance of the updated Terms.
14. Contact Information
For questions regarding these Terms, to report a violation, or for compliance inquiries:
Charter Partners USA, Inc. 17 Reaville Avenue, #1008 Flemington, NJ 08822 Email: support@charterpartners.com Phone: 484.460.1635 Help Center: https://www.charterpartners.com/help-center
By accessing or using The Social Feed or The Best Practice Exchange, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use.
