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Terms of Use

Effective Date: November 2, 2017

These Terms of Use (or "Terms") are entered into by and between you (or "your" or "user") and the Workers' Compensation Insurance Rating Bureau of California ("WCIRB," "we," "us," or "our"). The terms "you," "your," and "user" mean you personally (the individual who reads and agrees to be bound by these Terms) and if you access or use the Services (defined below) on behalf of a company or other entity or person, then such terms mean you and such company, entity or person collectively (in which case you further represent that you are authorized to accept these Terms on behalf of such company, entity or person).

These Terms govern your access to and use of this website (the "Website"), including any and all (1) functions, features, applications, portals, and services of any kind provided on or accessible through the Website (collectively, "Functions"), and (2) information, data, content, documents, products, reports, summaries, forms, evaluations, plans, text, graphics, images, links, audio, video, scripts, code, software, works of authorship, and other materials or works provided on or through the Website or Functions (collectively, "Content," and together with the Website and Functions, the "Services"). 

PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING ANY PART OF THE SERVICES. BY ACCESSING OR USING THE SERVICES, YOU AGREE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS, AS AMENDED FROM TIME TO TIME, AS WELL AS THE WCIRB PRIVACY NOTICE [http://www.wcirb.com/privacy-notice], WHICH IS HEREBY INCORPORATED INTO THESE TERMS OF USE. If you do not wish to agree to these Terms of Use, do not access or use any part of the Services. 

The WCIRB may revise and update these Terms of Use at any time by posting the amended terms to the Website. Your continued use of the Website means that you accept and agree to the revised Terms. If you disagree with the Terms of Use (as amended from time to time) or are dissatisfied with the Services, your sole and exclusive remedy is to discontinue using the Services. The most current version of these Terms of Use, which supersedes all previous versions, can be reviewed by clicking on the "Terms of Use" hyperlink at the bottom of the Website's home page.

1.    General

All Services are copyrighted works and are the sole and exclusive property of the WCIRB or its licensors and are protected to the fullest extent permitted by law, except as otherwise stated in these Terms or in a specific disclaimer found on the Services. The WCIRB does not claim any copyright in works of the United States government or any political subdivision thereof, nor does it claim copyright in ideas or works consisting entirely of information containing no original authorship or any other items not protectable under copyright law. As between you and the WCIRB, you will remain the owner or any original content or materials which are part of any Submissions (defined below) that you provide through the Services.

Except as specifically provided in these Terms or in a specific disclaimer found on the Services, all Content is copyrighted © 2001 to date, Workers' Compensation Insurance Rating Bureau of California or its licensors. All rights reserved. 

The Services are made available to you subject at all times to these Terms. You acknowledge that you have no legal right, title or interest in or to any of the Services, subject only to the limited rights granted in Section 3 (Permitted Uses) below.

2.    Secure Services; Account Security

The Services may include non-public Functions and Content that are available only to users with a current valid user ID and confidential password ("User ID and Password") who are authorized to access and use such non-public Features and Content (collectively, "Secure Services") by a General System Administrator or Company System Administrator (collectively, "System Administrator") designated by the company or other entity ("Company") for which the users are employees, contractors or other authorized users. IF YOU ARE AN EMPLOYEE, CONTRACTOR, OR OTHER REPRESENTATIVE OF SUCH A COMPANY AND ARE AUTHORIZED TO ACCESS AND USE THE SECURE SERVICES, YOU ACKNOWLEDGE AND AGREE THAT THESE TERMS OF USE ARE PART OF ONE OR MORE ONLINE SERVICES AGREEMENTS IN EFFECT ("AGREEMENT") BETWEEN THE WCIRB AND THE COMPANY.

You shall not leave your computer or device unattended or otherwise available for access or use by others after you have logged into the Secure Services. You must enter your Password at all times in such a manner that the Password is not revealed to any person observing the entry process. You also must secure your Password in a safe place and otherwise not share it with or disclose it to others. Passwords may not be stored in human-readable form in batch, text, or other easily read file format, shared with any other person, nor hard-coded into any software program. Passwords further may not be stored in automatic login scripts, programmed into function keys, nor stored in a computer without access controls or in other locations where they may be accessed by unauthorized persons. 

You must immediately notify the WCIRB Customer Service in writing upon becoming aware of any actual or suspected compromise or mishandling of any Password. The current email address for the WCIRB Customer Service is [email protected].

By using the User ID and Password to access and use the Secure Services, you represent, warrant, agree and acknowledge that: (A) you are authorized by the Company to access and use the Secure Services; and (B) you will not exceed or attempt to exceed the clearances granted to you by the applicable System Administrator. UNAUTHORIZED ACCESS TO OR USE OF THE SECURE SERVICES, INCLUDING BUT NOT LIMITED TO ANY ATTEMPT TO HACK INTO THE SECURE SERVICES OR TO UNDERMINE ITS SECURITY, IS A VIOLATION OF THESE TERMS AND MAY SUBJECT YOU TO LEGAL ACTION BY THE WCIRB AND CRIMINAL PROSECUTION BY LAW ENFORCEMENT AUTHORITIES. 
The foregoing provisions and your obligations hereunder shall survive and not terminate in the event of the termination of the Agreement or these Terms or any of your rights (including but not limited to any rights of the Company) and such provisions shall continue in full force and effect.

3.    Permitted Uses

  1. Public Services.  Subject to the limitations and restrictions set forth in these Terms, the WCIRB hereby grants you the limited and revocable nonexclusive right to:

    1.    Access and use publically-available Features and Content and any other Features and Content that are not Password-protected (collectively, "Public Services") and display such Content on your personal computer or wireless device; and 

    2.    Copy, download and print Content available through the Public Services, in every case solely for your own internal use, provided that (a) all copyright, trademark and other proprietary notices must be retained, displayed, copied, downloaded or printed as part of the Content and must not be removed or obscured; and (b) you must not engage in any Prohibited Conduct at any time.
     

  2. Secure Services.  If you are authorized to access and use the Secure Services (as described in Section 1) and subject to the limitations and restrictions set forth in these Terms, the WCIRB hereby grants you a limited, revocable, non-exclusive, non-sublicensable, non-transferable and non-assignable right during the Term of the applicable Agreement to:

    1.    Access and use the Services (including the Secure Services) and display, view, download, copy, print and distribute within the Company any of the Content on or from the Services solely for the internal use of Company in its business of transacting workers' compensation insurance in California and not for use in marketing or for promotional purposes or any similar purposes ("Business Use"); and

    2.    Prepare limited excerpts or summaries of the Content on or from the Services and copy, print and internally distribute such excerpts or summaries within the Company (a) solely for its Business Use, or (b) for submission to appropriate governmental or regulatory agencies in accordance with the requirements of such agencies, or (c) as evidence in the event of any litigation or other legal proceeding or arbitration between the parties concerning the subject matter of these Terms, provided that reasonable protections are instituted to the extent possible to protect the confidentiality of such Content.

The use of the Services for any purpose not expressly permitted by these Terms is prohibited. These limited and revocable rights terminate automatically, without notice to you, if you breach any of these Terms.

4.    Prohibited Conduct

Without limiting your other obligations under these Terms and in addition to them, all access to and use of the Services shall be subject to your obligation to not, and you hereby agree that you shall not, do any of the following either directly or through intermediaries, in each case whether in whole or in part or in any manner; and you further agree not to cause or permit or authorize any other person or entity to do any one or more of the following at any time (collectively "Prohibited Conduct"): 

  1. If your access to the Services is limited to the Public Services:

    1.    Alter or modify any part of the Services or engage in any other act which undermines the integrity or functionality of the Services or restricts, interferes with or inhibit the access to or use of the Services by other users;

    2.    Transmit any content or software or other computer code (whether through upload, post, email or otherwise) which contains a virus, Trojan horse, worm or other harmful component designed to interrupt, destroy or limit the functionality of any computer or telecommunications equipment or software;

    3.    Circumvent or disable any security or data protection measures implemented by or for the WCIRB;

    4.    Modify, falsify or delete any attributions, legends, marks notices, or any other proprietary designation of the origin or source of any material (including but not limited to any WCIRB Content) on the Services; 

    5.    Engage in any systematic or automated retrieval of data or other Content from the Services or otherwise, or directly or indirectly operate or offer or sell or otherwise perform or distribute any product or information or services or assistance to any other person based on the use of any of the Content or any portion or excerpt or summary thereof, including but not limited to as any part of a service provider or similar service; or shall assist or support any person in doing any of the foregoing.

    6.    Copy, post, publish, transmit, reproduce, disclose, modify, create derivative works of, distribute or in any manner otherwise exploit any of the WCIRB Content (other than as may be expressly permitted in and subject to Section 3 (Permitted Uses) of these Terms);

    7.    Transmit information, content, software, components or other material onto the Services which (a) infringes or misappropriates the intellectual property rights or other legal rights of any third party or (b) constitutes unlawful, obscene, harassing or offensive content or activity;

    8.    Decompile, reverse engineer, disassemble or otherwise derive or attempt to derive the source code of any of the Services;

    9.    Frame or link to any of the Services without the prior written consent of the WCIRB, which may be withheld in its sole and absolute discretion;

    10.    Offer or sell or otherwise distribute services to other persons or entities based on the use of any of the Services, including without limitation as any part of a service provider or service bureau or similar service; and/or

    11.    Violate or facilitate any violation of any applicable local, state, federal, or international law, statute, regulation, code or ordinance.
     

  2.  If your access to the Services incudes the Secure Services:

    1.    Provide any Services, or any portion thereof or any access thereto, in any form or media or manner to any third party, whether directly or indirectly, without the prior written approval of the WCIRB.

    2.    Permit or enable others to access or use any of the Services using your User ID or Password.

    3.    Engage in any systematic or automated retrieval of data or other Content from the Services or otherwise, or directly or indirectly operate or offer or sell or otherwise perform or distribute any product or information or services or assistance to any other person based on the use of any of the Content or any portion or excerpt or summary thereof, including but not limited to as any part of a service provider or similar service; or shall assist or support any person in doing any of the foregoing.

    4.    Alter or modify any part of the Services or engage in any other act which undermines the integrity or functionality of the Services or restricts, interferes with or inhibits the access to or use of the Services by other users;

    5.    Transmit or upload to the Services or any network or system or computer hosting or distributing the Services any content or software or other computer code (whether through upload, post, email or otherwise) which contains a virus, Trojan horse, worm or other harmful component designed to interrupt, destroy or limit the functionality of any computer or telecommunications equipment or software; 

    6.    Circumvent or disable any security or data protection measures implemented by or for the WCIRB;

    7.    Modify, falsify or delete any attributions, legends, marks, notices, or any other proprietary designation of the origin or source of any material (including but not limited to any Content) on the Services; 

    8.    Copy, post, publish, transmit, reproduce, disclose, modify, create derivative works of, distribute or in any manner otherwise exploit any of the Content other than as may be expressly permitted in and subject to the terms and conditions of the Agreement;

    9.    Upload or submit or transmit data, information, content, software, components or other material onto the Services which (a) infringes or misappropriates the intellectual property rights or other legal rights of any third party, (b) constitutes unlawful, obscene, harassing or offensive content or activity or (c) breaches or violates any privacy or confidentiality or other legal obligations; 

    10.    Decompile, reverse engineer, disassemble or otherwise derive or attempt to derive the source code of any part of the Services; 

    11.    Frame or link to any of the Services without the prior written consent of the WCIRB, which may be withheld in its sole and absolute discretion;

    12.    Any act or omission that materially breaches or would materially breach any of these Terms; or

    13.    Violate or facilitate any violation of any applicable local, state, federal, or international law, statute, regulation, code or ordinance.

The applicable foregoing provisions and your obligations hereunder shall survive and not terminate in the event of the termination of these Terms (or the Agreement, where applicable) or any of your rights and such provision shall continue in full force and effect.

5.    Confidential Information

Content provided on or by or through the Secure Services (including but not limited to Content submitted or uploaded by others) is confidential and proprietary to the WCIRB. You hereby agree to keep such Confidential Information secure and in strict confidence, but in all events using at least the same care and diligence that the Company uses with respect to its own confidential information, and you shall not use any of the Confidential Information other than as expressly authorized by these Terms. Except as otherwise expressly authorized by these Terms and without limiting the other restrictions and obligations under these Terms, you shall not directly or through any person disclose, disseminate, distribute, publish or transmit any of such Confidential Information to any third party, without the prior written approval of the WCIRB and (if applicable) the owner of such Confidential Information. 

The foregoing provisions and your obligations hereunder shall survive and not terminate in the event of the termination of these Terms (or the Agreement, where applicable) or any of your rights (including but not limited to any rights of the Company) and such provision shall continue in full force and effect.

6.    Modification or Updates to the Services

THE WCIRB HEREBY RESERVES AND SHALL HAVE THE UNILATERAL RIGHT TO CHANGE, AMEND, MODIFY, ADD TO, ALTER, UPDATE OR REMOVE (COLLECTIVELY "MODIFY OR UPDATE") ANY PART OF THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY PART OF THE WEBSITE OR THE CONTENT IN ITS SOLE DISCRETION, AT ANY TIME AND FROM TIME TO TIME WITHOUT NOTICE.

7.    Uploading; Submissions 

In the event that you post or upload or otherwise submit or cause the submission of any information or data or other content or materials of any kind to or onto or by means of the Services (collectively "Submissions"), you hereby grant to the WCIRB and its affiliates, successors, assigns and transferees an irrevocable, perpetual, worldwide, non-exclusive, sublicensable (through multiple tiers), assignable, transferable, fully paid and royalty-free right and license to use, copy, reproduce, distribute (through multiple tiers), disclose, create derivative works of, display, perform, make, have made, sell, offer for sale, import, practice, compile or combine with other data or information, modify, alter, edit, excerpt, summarize and/or otherwise exploit in any manner (collectively "Use") such Submissions in any digital or other media now known or hereafter developed without compensation to you or the Company or other person or entity, with such grant being made continuously as of each such Submission. None of the Submissions will be subject to any obligation, whether of attribution or otherwise, on the part of the WCIRB or any other third person, and you hereby irrevocably waive and release the same to the fullest extent not prohibited by applicable law, and neither the WCIRB or the other licensees shall be liable for any Use of any Submissions in whole or in part. Notwithstanding any provision of these Terms to the contrary, the WCIRB shall use data, information, submissions, or other materials of whatever kind, submitted to or collected by the WCIRB under these Terms, solely for purposes authorized by the California Insurance Code, California Code of Regulations or the WCIRB's Constitution or Bylaws, as any of those authorities may be amended from time to time.

8.    Nontransferable

None of these Terms or your rights or obligations under these Terms may be assigned or transferred or delegated or sublicensed by you, whether voluntarily or involuntarily or by merger or operation of law or otherwise (collectively "transfer"), to any third party at any time. Any purported transfer shall be null and void and shall be deemed a material breach of these Terms. The WCIRB may transfer these Terms or any or all of its rights and obligations hereunder to any person or entity at any time without the consent of or notice to you.

9.    News Items and Alerts

The Services may periodically provide or distribute news items of general interest to users of the Services and provide news alerts and other information at your request or the request of others. Publishers of news items or alerts or other information do not generally obtain releases from the subjects, individuals, groups, or entities that are shown in their photographs or graphics or quoted in their texts. No clearance is obtained from the owners of trademarks or copyrighted materials whose marks or materials are included in news items. Therefore, you will be solely responsible for obtaining any and all necessary releases if you copy or distribute or publish or otherwise use news items or alerts or other information that you find on this Website. NEITHER THE WCIRB NOR ANY OTHER PUBLISHER OR NEWS SERVICE WILL BE LIABLE FOR ANY DELAYS, INACCURACIES, ERRORS OR OMISSIONS IN ANY NEWS MATERIAL OR IN THE TRANSMISSION OR DELIVERY OF ALL OR ANY PART THEREOF OR FOR ANY LIABILITIES OR DAMAGES ARISING FROM ANY OF THE FOREGOING, ALL OF WHICH ARE HEREBY DISCLAIMED.

10.    Third-Party Content and Websites

The WCIRB relies on data and other information provided by numerous third parties in connection with the Content and has no review process to verify or confirm the accuracy or completeness of such data and information. NEITHER THE WCIRB NOR ANY THIRD-PARTY PROVIDER OF DATA OR OTHER INFORMATION WARRANTS OR GUARANTEES THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD-PARTY CONTENT OR ITS MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR TITLE OR NON-INFRINGEMENT, AND ALL SUCH WARRANTS AND GUARANTEES ARE HEREBY DISCLAIMED. 

There may be links established between the Services and other websites on the Internet (including but not limited to websites maintained by government agencies, educational institutions and other entities) which are not controlled or maintained or monitored by the WCIRB. These links are offered as a convenience and for informational purposes only, and not as referrals or endorsements by the WCIRB. The linked websites are maintained by their respective organizations, and those organizations are solely responsible for the content and operation of their own websites. The content, accuracy, completeness, opinions expressed, and other links provided by other websites therefore are neither verified nor endorsed by the WCIRB, and the WCIRB shall have no responsibility for the same. 

In addition, the Services may contain links to other restricted websites or information which require an additional subscription or other permission in order to access and use such websites or information, and the users of the Services may not access or use such websites or information without a separate subscription or other permission.

The foregoing provisions shall survive and not terminate in the event of the termination of the Agreement (if applicable) or these Terms or any of your rights and such provisions shall continue in full force and effect.

11.    Indemnification 

NOTWITHSTANDING ANY CONTRARY PROVISION OF THESE TERMS, AND TO THE FULLEST EXTENT NOT PROHIBITED BY APPLICABLE LAW:

  1. Indemnification.YOU AGREE TO FULLY INDEMNIFY AND HOLD HARMLESS AND DEFEND (THE FOREGOING COLLECTIVELY "INDEMNIFY" OR "INDEMNIFICATION" OR ANY VARIATION THEREOF FOR ALL PURPOSES OF THESE TERMS) EACH AND ALL OF THE WCIRB, ITS AFFILIATES, THE MEMBERS OF WCIRB COMMITTEES IN THEIR CAPACITY AS COMMITTEE MEMBERS, AND ITS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, AGENTS AND REPRESENTATIVES (COLLECTIVELY "WCIRB INDEMNITEES") FROM AND AGAINST ANY AND ALL LOSSES, LIABILITIES, OBLIGATIONS, CLAIMS, DEMANDS, ACTIONS, SUITS, COSTS, EXPENSES, DAMAGES, JUDGMENTS OR AWARDS OF ANY KIND OR NATURE WHATSOEVER (INCLUDING BUT NOT LIMITED TO REASONABLE ATTORNEYS' FEES AND OTHER REASONABLE EXPENSES ASSOCIATED WITH LITIGATION OR OTHER PROCEEDINGS, AND ANY COSTS INCURRED PURSUING INDEMNIFICATION CLAIMS HEREUNDER), WHETHER ACTUAL OR THREATENED AND WHETHER OR NOT INVOLVING A THIRD-PARTY CLAIM, WHICH ARISES OUT OF OR RELATES TO OR IS CONNECTED IN ANY MANNER WITH (I) ANY BREACH OF THESE TERMS BY YOU; (II) ANY ACCESS TO OR USE OF ANY OF THE SERVICES BY ANY THIRD PARTY TO WHICH YOU DIRECTLY OR THROUGH INTERMEDIARIES DISCLOSE OR TRANSFER OR DISTRIBUTE OR OTHERWISE PROVIDE ANY PART OF THE SERVICES; (III) WITHOUT LIMITING THE FOREGOING, THE RELEASE OR OTHER DISCLOSURE OF ANY EXPERIENCE RATING INFORMATION BY YOU DIRECTLY OR THROUGH INTERMEDIARIES TO ANY THIRD PERSON; (IV) ANY OTHER UNAUTHORIZED USE OF THE SERVICES, (V) ANY SUBMISSION UPLOADED OR SUBMITTED OR OTHERWISE POSTED BY YOU, OR (VI) ANY VIOLATION OF APPLICABLE LAW, OR ANY ONE OR MORE OF THE FOREGOING (COLLECTIVELY "CLAIMS"); IN EACH CASE WHETHER OR NOT CAUSED BY THE PASSIVE OR ACTIVE NEGLIGENCE OF THE WCIRB OR ANY WCIRB INDEMNITEE. NOTWITHSTANDING THE PRECEDING SENTENCE, YOU SHALL NOT BE REQUIRED TO INDEMNIFY THE WCIRB FOR CLAIMS TO THE EXTENT RESULTING FROM THE WILLFUL MISCONDUCT OF THE WCIRB. THIS INDEMNIFICATION ALSO INCLUDES BUT IS NOT LIMITED TO EXPENSES INCURRED IN SETTLEMENT OF CLAIMS, OR ACTIONS OR SUITS OR JUDGMENTS OR AWARDS ARISING OUT OF CLAIMS. 
     
  2. Defense and Compromise. THE WCIRB OR OTHER WCIRB INDEMNITEES MAY PARTICIPATE AND APPEAR AT THEIR OWN EXPENSE ON AN EQUAL FOOTING WITH YOU OR THE COMPANY IN THE DEFENSE OF ANY CLAIMS. THE WCIRB SEPARATELY RESERVES THE RIGHT AND OPTION IN ITS SOLE DISCRETION, AT YOUR EXPENSE OR THE EXPENSE OF THE COMPANY, TO UNDERTAKE THE CONTROL AND CONDUCT OF THE DEFENSE OF ANY CLAIM SUBJECT TO YOUR INDEMNIFICATION OBLIGATIONS HEREUNDER, INCLUDING FOR THE AVOIDANCE OF DOUBT, BUT NOT LIMITED TO, (I) ANY CLAIM PRIMARILY ARISING OUT OF OR RELATING TO THE OWNERSHIP, SCOPE, VALIDITY, ENFORCEMENT OR INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS OF THE WCIRB (COLLECTIVELY "RIGHTS CLAIMS"), AND (II) IF AN ADVERSE JUDGMENT ON A THIRD PARTY CLAIM WOULD ESTABLISH A PRECEDENT THAT WOULD BE MATERIALLY DAMAGING TO THE CONTINUING BUSINESS INTERESTS OF THE WCIRB. YOU AGREE TO NOT MAKE ANY ADMISSION OF LIABILITY OR SETTLEMENT OR COMPROMISE IN RESPECT OF ANY CLAIM SUBJECT TO INDEMNIFICATION HEREUNDER WITHOUT THE PRIOR WRITTEN CONSENT OF THE WCIRB, WHICH SHALL NOT BE UNREASONABLY WITHHELD. 
     
  3. Cumulative Remedies. THE INDEMNIFICATION OBLIGATIONS PROVIDED FOR IN THESE TERMS (OR THE AGREEMENT, WHERE APPLICABLE) SHALL BE IN ADDITION TO, AND NOT IN LIEU OF, ANY OTHER REMEDY AT LAW OR IN EQUITY THAT MAY BE AVAILABLE TO THE WCIRB.
     
  4. Equitable Indemnity. FOR THE AVOIDANCE OF DOUBT, NEITHER THE WCIRB NOR ANY WCIRB INDEMNITEE SHALL BE LIABLE FOR ANY FORM OF EQUITABLE OR IMPLIED INDEMNIFICATION WITH RESPECT TO ANY OF THE SERVICES OR ANY OTHER SUBJECT MATTER OF THESE TERMS OR OTHERWISE.

THE FOREGOING PROVISIONS AND YOUR OBLIGATIONS HEREUNDER SHALL SURVIVE AND NOT TERMINATE IN THE EVENT OF THE TERMINATION THESE TERMS (OR THE AGREEMENT, WHERE APPLICABLE) OR ANY OF YOUR RIGHTS (INCLUDING BUT NOT LIMITED TO ANY RIGHTS OF THE COMPANY) AND SUCH PROVISIONS SHALL CONTINUE IN FULL FORCE AND EFFECT.

12.    Warranties and Disclaimers 

NOTWITHSTANDING ANY CONTRARY PROVISION OF THESE TERMS, AND TO THE FULLEST EXTENT NOT PROHIBITED BY APPLICABLE LAW:

  1. Disclaimers. THE SERVICES, INCLUDING BUT NOT LIMITED TO THIS WEBSITE AND ALL INFORMATION, DATA, PRODUCTS, MATERIALS, SERVICES AND OTHER CONTENT (INCLUDING BUT NOT LIMITED TO THIRD PARTY DATA OR SERVICES OR OTHER CONTENT) INCLUDED IN OR ON OR ACCESSIBLE FROM THE SERVICES OR BY ANY DATA TRANSFER INVOLVING THE SAME, AND EACH OF THE FOREGOING, ARE BEING PROVIDED TO YOU AND ANY RELATED PERSON OR ENTITY "AS IS" AND WITH ALL FAULTS. ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND (WHETHER EXPRESS OR IMPLIED OR STATUTORY) OF THE WCIRB OR ANY AFFILIATE OR OTHER RELATED PERSON OR ENTITY ARE HEREBY EXCLUDED AND DISCLAIMED, INCLUDING BUT NOT LIMITED TO (I) ANY AND ALL IMPLIED OR OTHER WARRANTIES OF TITLE OR NON-INFRINGEMENT, (II) ANY AND ALL IMPLIED OR OTHER WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, USEFULNESS, SUITABILITY, ACCURACY, COMPLETENESS, RELIABILITY, AVAILABILITY OR TIMELINESS, AND (III) ANY REPRESENTATION OR WARRANTY THAT THE SERVICES WILL BE SECURE, RELIABLE, TIMELY, UNINTERRUPTED OR ERROR-FREE; THAT THE SERVICES ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF ANY OF THE FOREGOING. 
     
  2. At Risk. ANY ACCESS TO OR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK AND YOU ARE SOLELY RESPONSIBLE FOR EVALUATING AND BEARING ALL RISKS ASSOCIATED WITH THE USE OF THE SERVICES. 

THE FOREGOING PROVISIONS SHALL SURVIVE AND NOT TERMINATE IN THE EVENT OF THE TERMINATION OF THESE TERMS (OR THE AGREEMENT, WHERE APPLICABLE) OR ANY OF YOUR RIGHTS (INCLUDING BUT NOT LIMITED TO ANY RIGHTS OF THE COMPANY) AND SUCH PROVISIONS SHALL CONTINUE IN FULL FORCE AND EFFECT.

13.    Limitation of Liabilities 

NOTWITHSTANDING ANY CONTRARY PROVISION OF THESE TERMS OR ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY REMEDY OF ANY KIND, TO THE FULLEST EXTENT NOT PROHIBITED BY APPLICABLE LAW:

  1. Disclaimers. NEITHER THE WCIRB NOR ITS AFFILIATES NOR ANY OF ITS MEMBERS IN THEIR CAPACITY AS MEMBERS, NOR ANY OF ITS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, AGENTS OR REPRESENTATIVES (COLLECTIVELY "WCIRB PERSONS") SHALL BE LIABLE OR RESPONSIBLE FOR ANY IMPROPER OR INCORRECT PREPARATION, DISSEMINATION OR USE OF ANY OF THE SERVICES OR SUBMISSIONS; AND ANY SUCH LIABILITY OR RESPONSIBILITY IS HEREBY DISCLAIMED AND NOT ASSUMED. YOU ACKNOWLEDGE THAT THE SERVICES AND SUBMISSIONS MAY OR MAY NOT REFLECT THE MOST CURRENT INFORMATION AVAILABLE FROM THE WCIRB AND NEITHER THE WCIRB NOR ANY WCIRB PERSON SHALL BE OBLIGATED TO CONFIRM THE CORRECTNESS OR COMPLETENESS OF THE SAME. 
     
  2. Damages. NEITHER THE WCIRB NOR ANY WCIRB PERSON SHALL BE LIABLE FOR ANY LOSSES, LIABILITIES, OBLIGATIONS, CLAIMS, DEMANDS, ACTIONS, SUITS, COSTS, EXPENSES, DAMAGES, JUDGMENTS OR AWARDS OF ANY KIND OR NATURE (COLLECTIVELY "DAMAGES OR OTHER LOSSES"), OR FOR ANY CONSEQUENTIAL, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OR OTHER LOSSES OF ANY KIND, WHETHER SUCH CLAIM OR ACTION IS BASED IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE AND EVEN IF THE WCIRB OR ANY OTHER PERSON OR ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR OTHER LOSSES, WHICH IN ANY MANNER ARISES OUT OF OR RELATES TO OR IS IN CONNECTION WITH ANY OF THE FOLLOWING: (I) ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE ANY OF THE SERVICES, (II) WITHOUT LIMITING THE FOREGOING, ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE OR ANY RELIANCE ON ANY INFORMATION OR DATA OR OTHER CONTENT; (III) USE OF OR INABILITY TO USE ANY DATA OR OTHER TRANSFER HEREUNDER (WHETHER TO OR FROM THE WCIRB); OR (IV) USE OF OR RELIANCE ON ANY INFORMATION OR DATA OR OTHER CONTENT CONTAINED IN A DATA TRANSFER HEREUNDER.
     
  3. Sole Remedy. THE SOLE REMEDY AND RECOURSE WHICH YOU OR ANY OTHER PERSON OR ENTITY SHALL HAVE WITH RESPECT TO ANY OF THE FOREGOING MATTERS OR OTHER DISSATISFACTION WITH ANY OF THE SERVICES AND/OR ANY DATA TRANSFER (WHETHER TO OR FROM THE WCIRB) SHALL BE TO STOP USING THE SERVICES. IF, FOR ANY REASON, THE FOREGOING LIMITATION IS FOUND BY A COURT OR ARBITRATOR OF COMPETENT JURISDICTION TO BE INVALID OR INAPPLICABLE OR UNENFORCEABLE UNDER THE CIRCUMSTANCES, YOU AGREE THAT THE SOLE AND TOTAL LIABILITY OF THE WCIRB AND/OR ANY WCIRB PERSON FOR ANY AND ALL DAMAGES OR OTHER LOSSES FOR ALL MATTERS TO ALL PERSONS OR ENTITIES (INCLUDING BUT NOT LIMITED TO THE COMPANY, WHERE APPLICABLE) SHALL BE LIMITED IN THE AGGREGATE TO THE LESSER OF (I) THE TOTAL AMOUNT OF THE SECURE SERVICES FEES (IF ANY) PAID BY OR FOR THE COMPANY TO THE WCIRB FOR THE PRIOR TWELVE (12) MONTH PERIOD PRECEDING THE DATE ON WHICH THE RELEVANT CLAIM AROSE, OR (II) THE TOTAL MEMBERSHIP FEES AND ASSESSMENTS ALLOCABLE TO THE COMPANY FOR SUCH PURPOSE FOR THE ONE (1) MONTH PERIOD PRECEDING THE DATE ON WHICH THE RELEVANT CLAIM AROSE, WHICHEVER IS LESS. THE FOREGOING LIMITATION OF LIABILITIES SHALL NOT BE INCREASED BY MULTIPLE CLAIMS OR ACTIONS WHETHER OF THE SAME OR A DIFFERENT TYPE. YOU FURTHER AGREE THE FOREGOING LIMITATION OF LIABILITIES IS FAIR AND REASONABLE UNDER THE CIRCUMSTANCES. 

THE FOREGOING PROVISIONS SHALL SURVIVE AND NOT TERMINATE IN THE EVENT OF THE TERMINATION OF THESE TERMS (OR THE AGREEMENT, WHERE APPLICABLE) OR ANY OF YOUR RIGHTS (INCLUDING BUT NOT LIMITED TO ANY RIGHTS OF THE COMPANY) AND SUCH PROVISIONS SHALL CONTINUE IN FULL FORCE AND EFFECT.

14.    Trademarks 

Workers' Compensation Insurance Rating Bureau of California, WCIRB, WCIRB California, WCIRB Connect, WCIRB Inquiry, WCIRB CompEssentials, X-Mod Direct, eSCAD and the WCIRB logo are trademarks and trade names and service marks and logos belonging to the WCIRB. Other non-WCIRB marks used in or on the Services belong to third-party trademark owners. Except as permitted by applicable laws or as otherwise expressly provided in these Terms, you are prohibited from using any of the trademarks and trade names or service marks or logos appearing in or on the Services without express written consent from the WCIRB or from the respective trademark owners, which may be withheld in their sole discretion.

15.    Copyright Infringement Claims

If you believe that any copyright infringement exists on the Services or any website with a hyperlink to the Services, please use the following process to notify the WCIRB. All claims of copyright infringement should be in writing and should be directed to our designated agent below: 

Workers' Compensation Insurance Rating Bureau of California
Attn: Senior Vice President, Chief Legal Officer
1221 Broadway, Suite 900
Oakland, CA 94612

Please include the following information:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
     
  2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single website are covered by a single claim, a representative list of such works at that website. 
     
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the WCIRB to locate the material.
     
  4.  Information reasonably sufficient to permit the WCIRB to contact the complaining party, such as an address, telephone number and if available, an electronic mail address at which the complaining party may be contacted. 
     
  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law. 
     
  6. A statement that the information in the notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. 

16.Termination and Suspension

Your access to and use of the Services are subject to the permission of the WCIRB and the WCIRB reserves the right to suspend or terminate your access to the Services in whole or in part at any time without notice and with or without cause. Without limiting the foregoing, any conduct by you that violates any of these Terms may result in (i) the suspension or termination of your access to and use of the Services, and, where applicable, (ii) notification to the Company, the System Administrator, the California Department of Insurance and/or other appropriate governmental entities, at the sole and absolute discretion of the WCIRB and with or without notice, in addition to any other remedies set forth herein or under applicable law.

17.    Entire Agreement

These Terms (which incorporate the WCIRB Privacy Notice) constitute the sole and entire agreement between the WCIRB and you relating to the Services or other subject matter hereof (subject to, if applicable, the Agreement of which these Terms are a part and further subject to any other specific written addendum or agreement between the WCIRB and you or the Company concerning the subject matter of these Terms). No act or omission of the WCIRB may be construed as a waiver of any part of these Terms or the Privacy Policy.

18.    Severability 

If any provision of these Terms, or the application thereof to any person, place or circumstance, shall be held by a court of competent jurisdiction or a final arbitration award to be invalid, void or otherwise unenforceable, the remainder of these Terms and such provision as applied to other persons, places and circumstances shall remain in full force and effect. 

19.    Waiver

No waiver of these Terms is effective unless in writing and signed by the party against whom the waiver is being asserted. The waiver of any breach of these Terms shall not constitute a waiver or any other or subsequent breach. 

20.    Arbitration 

Except any Rights Claims (which shall be subject to litigation), any dispute arising from or relating to or in connection with these Terms or the subject matter thereof shall be subject to binding arbitration by a single arbitrator, in accordance with the current prevailing commercial dispute rules of American Arbitration Association (www.adr.org/) as modified and supplemented by procedures of this Section. The arbitrator shall have the authority to grant injunctive relief and specific performance to enforce these Terms. Judgment on any award rendered by the arbitrator may be entered in any court of competent jurisdiction. Notwithstanding any contrary provisions, any arbitration shall be conducted and resolved solely on an individual basis and not a class-wide, multiple plaintiff, or similar basis. No party or other person shall have any right or authority to arbitrate any matters or claims on a class action basis, and no arbitration shall be consolidated with any other arbitration proceeding involving any other person.

21.    Governing Law and Jurisdiction 

These Terms and all matters arising out of or relating to or in connection with these Terms shall be governed by the laws of the State of California, United States of America, without reference to conflicts of law principles. Subject to the foregoing Section 20 (Arbitration), any and all suits and other proceedings under these Terms (including but not limited to any suit or proceeding in the case of any and all Rights Claims) must be brought in the superior or federal courts in the State of California in the County of San Francisco or Alameda, and each of the parties acknowledges and agrees that such courts shall have exclusive jurisdiction and venue over all disputes arising out of or relating to or in connection with these Terms. The WCIRB also may seek injunctive or other equitable relief for breach of these Terms in any court of competent jurisdiction wherever located. 

You acknowledge that your material breach of these Terms could cause irreparable harm to the WCIRB for which monetary damages may be inadequate. The WCIRB may bring an action in any court of competent jurisdiction wherever located for injunctive or equitable relief relating to any of its intellectual property rights or confidential information or any other material breach of these Terms by you, without the necessity of posting bond or any other security.

22.    Attorneys' Fees 

If any legal action or proceeding or arbitration, including but not limited to an action for arbitration or injunctive relief, is brought relating to or in connection with these Terms or the subject matter hereof, the prevailing party in any final judgment or arbitration award, or the non-dismissing party in the event of a voluntary dismissal by the party instituting the action, shall be entitled to the full amount of all reasonable expenses, including but not limited to all court costs, arbitration fees and actual attorneys' fees paid or incurred in good faith.

23.    Interpretation

Headings used in these Terms are for reference purposes only and shall not be deemed a part of these Terms. When the context requires, the plural shall include the singular and the singular the plural, and any gender shall include any other gender. No provision of these Terms shall be construed against a party because the party or its representative was the drafter thereof.

24.    Representations

You represent and warrant that you have the right, power and authority to enter into these Terms and to perform and discharge all of your obligations under these Terms.