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Terms of Use

Terms of Use

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Last Updated August 29, 2016

THE FOLLOWING TERMS OF USE ("TERMS") ARE A LEGALLY BINDING CONTRACT BETWEEN YOU AND THE WORKERS’ COMPENSATION INSURANCE RATING BUREAU OF CALIFORNIA ("WCIRB" OR "OUR") IN CONNECTION WITH ACCESS TO AND USE OF THIS WEBSITE, www.wcirb.com (THE "WEBSITE"), AND ANY DATA, INFORMATION, CONTENT, FUNCTIONS, PRODUCTS, PLANS, FORMS, CHARTS, DOCUMENTS, TEXT, MATERIALS, GRAPHICS, IMAGES, LINKS, SCRIPTS, SOFTWARE, IMAGES, AUDIO, VIDEO AND COMPUTER PROGRAMS, INCLUDING  WEB- BASED PROGRAMS OR SERVICES PROVIDED IN OR BY OR FROM THIS WEBSITE, INCLUDING BUT NOT LIMITED TO ANY SUBSCRIPTION-BASED NEWSLETTER OR ALERTS OR SIMILAR INFORMATION AVAILABLE FROM THIS WEBSITE (COLLECTIVELY, "WCIRB CONTENT” or “CONTENT”).

PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THIS WEBSITE.

BY ACCESSING OR USING THIS WEBSITE IN ANY MANNER, YOU ACKNOWLEDGE AND AGREE THAT YOU UNDERSTAND AND ARE LEGALLY BOUND BY THESE TERMS, INCLUDING BUT NOT LIMITED TO THE LIMITATIONS OF LIABILITY AND WARRANTY DISCLAIMERS SET FORTH IN THESE TERMS.

IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST EXIT THIS WEBSITE IMMEDIATELY AND MAY NOT ACCESS OR USE THIS WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, THESE TERMS ARE INTENDED TO SUPERSEDE ANY PROVISIONS OF APPLICABLE LAW WHICH MIGHT OTHERWISE LIMIT THEIR ENFORCEABILITY OR EFFECT.

All areas of this Website are subject to these Terms. Your access to and use of this Website and our use of non-personal and personal information obtained from you are further subject to our then current Privacy Policy at www.wcirb.com/privacy-policy ("Privacy Policy"), which is deemed to be part of and is incorporated by reference into these Terms.

“You” or “your” or "user" means you personally (the individual who reads and agrees to be bound by these Terms), and, if you access or use this Website on behalf of a corporation or other entity or person, then such terms mean you and such entity or person collectively. You further represent that you are authorized to accept these Terms on behalf of such entity or person.

THE WCIRB RESERVES THE RIGHT TO CHANGE THESE TERMS AT ANY TIME OR FROM TIME TO TIME WITHOUT PRIOR NOTICE. YOUR CONTINUED ACCESS OR USE OF THE WEBSITE AFTER SUCH CHANGE CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS AS CHANGED. IT IS YOUR SOLE RESPONSIBILITY TO REVIEW THESE TERMS REGULARLY.

General

This Website is owned by the WCIRB. This Website and all of the Content are the copyrighted works and other forms of intellectual property of the WCIRB or licensors who have authorized use of the Content on this Website. This Website and the Content are made available to users of the Website subject at all times to these Terms. You acknowledge that you have no legal right, title or interest in or to any of this Website or the Content, subject only to the limited rights to use granted in the "Permitted Uses" section below.

Permitted Uses

Subject to the other limitations and restrictions in these Terms, the WCIRB hereby grants you the limited and revocable nonexclusive right to (1) access and display the Content on your personal computer or wireless device, and (2) copy, download and print the Content in every case solely for your own internal use, provided that (i) 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 (ii) you must not engage in any Prohibited Conduct at any time. Use of the Content for any purpose not expressly permitted by these Terms is prohibited. This limited and revocable right terminates automatically, without notice to you, if you breach any of these Terms.

Prohibited Conduct

Without limiting your other obligations under these Terms or applicable law, you agree that you will not do any of the following either directly or through intermediaries, in each case whether in whole or in part or in any manner. You further agree not to cause or permit or authorize any other person or entity to do any of the foregoing at any time, (collectively "Prohibited Conduct"):

  1. alter or modify any part of the Website or engage in any other act which undermines the integrity or functionality of this Website or restricts, interferes with or inhibit the access to or use of this Website 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 this Website; 
  5. 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 the "Permitted Use" section of these Terms);
  6. transmit information, content, software, components or other material onto the Website which (i) infringes or misappropriates the intellectual property rights or other legal rights of any third party or (ii) constitutes unlawful, obscene, harassing or offensive content or activity;
  7. decompile, reverse engineer, disassemble or otherwise derive or attempt to derive the source code of any of the Content;
  8. framing or linking to any of this Website or the WCIRB Content without the prior written consent of the WCIRB, which may be withheld in its sole and absolute discretion;
  9. offer or sell or otherwise distribute services to other persons or entities based on the use of any of the WCIRB Content, including without limitation as any part of a service provider or service bureau or similar service; and/or
  10. violate or facilitate any violation of any applicable local, state, federal, or international law, statute, regulation, code or ordinance.

Nontransferable

None of your rights and obligations under these Terms may be assigned or transferred or delegated to any third person or entity at any time. Any purported assignment or transfer shall be null and void. The WCIRB may assign or transfer or delegate any or all of its rights and obligations hereunder to any person or entity at any time without the consent of or notice to user.

News Items and Alerts

This Website may periodically provide or distribute news items of general interest to users of this Website and provide news alerts and other information at the request of the user. 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 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 DISCLAIMED.

Third-Party Content and Websites

The WCIRB relies on data and other information provided by numerous third parties in connection with the Content on this Website 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 guarantees the accuracy, completeness, or usefulness of any third-party content, nor its merchantability or fitness for any particular purpose.

There may be links established between this Website and other websites on the Internet (including 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 this Website may contain links to other restricted websites or information which require a subscription or other permission in order to access and use such websites or information, and the users of this Website may not access or use such websites or information without a separate subscription or other permission.

Other Limitations; Disclaimers of Warranties

YOU ACKNOWLEDGE AND AGREE THAT NOTWITHSTANDING ANY CONTRARY PROVISION OF THESE TERMS AND TO THE FULLEST EXTENT NOT PROHIBITED BY APPLICABLE LAW:

  1. THIS WEBSITE AND ALL WCIRB CONTENT (INCLUDING BUT NOT LIMITED TO ANY THIRD-PARTY CONTENT OR SERVICES AND INCLUDING BUT NOT LIMITED TO ANY SUBSCRIPTION  NEWSLETTERS OR ALERTS OR SIMILAR ITEMS) ARE BEING PROVIDED TO YOU "AS IS" AND WITH ALL FAULTS. ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND (WHETHER EXPRESS OR IMPLIED OR STATUTORY) ARE HEREBY EXCLUDED AND DISCLAIMED, INCLUDING BUT NOT LIMITED TO (i) ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, USEFULNESS, SUITABILITY, ACCURACY, COMPLETENESS, RELIABILITY, AVAILABILITY, TIMELINESS, TITLE AND/OR NON-INFRINGEMENT, AND (ii) ANY REPRESENTATION OR WARRANTY THAT THE OPERATION OF THIS WEBSITE WILL BE SECURE, RELIABLE, TIMELY, UNINTERRUPTED OR ERROR-FREE; THAT THIS WEBSITE IS OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR AS TO THE RESULTS THAT  MAY BE OBTAINED FROM USE OF THE CONTENT ON THIS WEBSITE.
  2. ANY ACCESS OR USE OF THIS WEBSITE IS AT YOUR SOLE RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR EVALUATING AND BEARING  ALL RISKS ASSOCIATED WITH THE USE OF THIS WEBSITE AND SUCH CONTENT.

Limitation of Liability

NEITHER THE WCIRB NOR ANY OF ITS EMPLOYEES, AGENTS OR CONTRACTORS SHALL BE LIABLE OR RESPONSIBLE FOR ANY IMPROPER OR INCORRECT USE OF ANY OF THE WCIRB CONTENT; AND NO SUCH LIABILITY OR RESPONSIBILITY IS ASSUMED.  YOU ACKNOWLEDGE THAT THE CONTENT ON THIS WEBSITE MAY OR MAY NOT REFLECT THE MOST CURRENT INFORMATION AVAILABLE FROM THE WCIRB.

YOU ALSO ACKNOWLEDGE AND AGREE THAT 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, NEITHER THE WCIRB NOR ANY AFFILIATE OR RELATED PERSON SHALL BE LIABLE FOR ANY CONSEQUENTIAL, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OR LIABILITIES OR OTHER LOSSES (INCLUDING BUT NOT LIMITED TO ANY CLAIMS FOR LOST PROFITS OR BUSINESS OR VALUE ARISING OUT OF RELATED TO OR IN CONNECTION WITH THIS WEBSITE OR ANY CONTENT OR OTHER WCIRB OR THIRD-PARTY SERVICES, REGARDLESS OF THE FORM OF ACTION, EVEN IF THE WCIRB OR ANY OTHER PERSON OR ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.

YOUR SOLE REMEDY AND RECOURSE FOR DISSATISFACTION WITH THE WEBSITE AND/OR THE WCIRB CONTENT IS TO STOP USING THE WEBSITE AND/OR THE WCIRB CONTENT.

Indemnification

YOU AGREE TO FULLY INDEMNIFY, DEFEND, AND HOLD HARMLESS THE WCIRB, ITS MEMBERS IN THEIR CAPACITY AS MEMBERS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES (COLLECTIVELY "INDEMNIFIED PERSONS") FROM AND AGAINST ANY AND ALL LOSSES, LIABILITIES, OBLIGATIONS, CLAIMS,  SUITS, COSTS, EXPENSES, DAMAGES, OR JUDGMENTS OF ANY KIND OR NATURE WHATSOEVER (INCLUDING BUT NOT LIMITED TO REASONABLE ATTORNEYS’ FEES AND OTHER REASONABLE  EXPENSES ASSOCIATED WITH LITIGATION, AND ANY LEGAL FEES AND 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 IN CONNECTION WITH (1) ANY BREACH OR VIOLATION BY YOU OF THESE TERMS, OR (2) ANY BREACH OR VIOLATION BY YOU OF ANY OTHER AGREEMENT BETWEEN YOU AND THE WCIRB, OR (3) ANY OTHER UNAUTHORIZED USE OF THIS WEBSITE OR ANY OF THE WCIRB CONTENT (COLLECTIVELY "CLAIMS"), INCLUDING BUT NOT LIMITED TO ANY CLAIMS BASED ON THE PASSIVE OR ACTIVE NEGLIGENCE OF THE WCIRB OR ANY OTHER INDEMNIFIED PERSON, PROVIDED HOWEVER THAT YOUR OBLIGATION TO INDEMNIFY, HOLD HARMLESS OR DEFEND SHALL NOT APPLY TO CLAIMS TO THE EXTENT CAUSED BY THE WILLFUL MISCONDUCT OF THE WCIRB OR ANY OTHER INDEMNIFIED PERSON AS DEFINED UNDER APPLICABLE LAW.

THE WCIRB RESERVES THE RIGHT TO CONTROL THE DEFENSE OF ANY MATTER SUBJECT TO INDEMNIFICATION AND DEFENSE BY YOU, IN WHICH CASE YOU WILL FULLY COOPERATE WITH THE WCIRB. THE INDEMNIFICATION, HOLD HARMLESS AND DEFENSE OBLIGATIONS PROVIDED FOR IN THIS SECTION 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.

Governing Law; Jurisdiction

These Terms and all matters arising out of or relating to or in connection with these Terms shall be construed and governed in all respects by the internal laws of the State of California, without giving effect to any conflicts of law principles. All actions or proceedings arising out of or relating to or in connection with these Terms shall be brought exclusively in the federal or state courts located in the County of San Francisco or Alameda, California and each of the parties agrees that such courts shall have exclusive jurisdiction and venue for any such actions. Any judgment may be entered in any court having competent jurisdiction wherever located. The WCIRB also 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.

Entire Terms

These Terms and the then current Privacy Policy constitute the entire agreement between the WCIRB and the users of this Website concerning this Website and the Content provided in this Website, subject to any other specific written agreement between the WCIRB and a particular user.  No act or omission of the WCIRB may be construed as a waiver of any part of these Terms.

Copyrights

Except as otherwise stated in these Terms or in a specific disclaimer found on this Website, all of the Content is the exclusive property of the WCIRB and/or its licensors and is protected to the fullest extent permitted by law.  Except as specifically provided herein, all of the Content is copyrighted © 2001 to date, Workers’ Compensation Insurance Rating Bureau of California or its licensors. All rights reserved. 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.

Trademarks

Workers’ Compensation Insurance Rating Bureau of California, WCIRB, WCIRB California, WCIRB Connect, WCIRB Inquiry, X-Mod Direct, eSCAD and the WCIRB logo belong to the WCIRB. Other non-WCIRB marks used on this Website belong to third-party trademark owners. Except as permitted by applicable laws, you are prohibited from using any of the marks appearing on this Website without express written consent from the respective trademark owners, which may be withheld in their sole discretion.

Copyright Infringement Claims

If you believe that any copyright infringement exists on this Website or any website with a hyperlink to this Website, 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, California 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.

Modification and Discontinuance

The right of access to this Website and the Content is subject to these Terms. The WCIRB reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, this Website (or any part thereof) or any Content with or without notice; and you agree that the WCIRB shall not be liable to you or to any third person or entity for any modification, suspension or discontinuance of this Website or any part hereof.

Severability

If any portion of these Terms is or shall be ruled invalid or otherwise unenforceable by a court of competent jurisdiction, then these Terms shall be construed and interpreted in such a manner as to achieve as closely as possible the same effect as originally drafted.  Any invalid or unenforceable portion should be construed as narrowly as possible in order to give effect to as much of these Terms as possible.

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.

 

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