Terms of Service for WorkCompCentral
These Terms of Service ("TOS") are effective as of January 16, 2015 and supersede any and all prior versions of WorkCompCentral’s TOS.
The following is a contract that defines your use of our services through WorkCompCentral and its affiliated websites, informational products, and data services. Your access to WorkCompCentral constitutes your acceptance of these TOS.
1. YOUR ACCEPTANCE OF TERMS
Welcome to WorkCompCentral! By accessing the information, services, data or any other element published and conveyed by WorkCompCentral through its various media channels including this website (collectively, “Services”), including this website, you indicate your acknowledgment and acceptance these Terms of Service .
These TOS may be updated by us from time to time without notice to you. WorkCompCentral reserves the right, at any time, to modify, alter, or update these TOS, and you agree to be bound by such modifications, alterations, or updates so long as you access .
Your access to and use of the Services is subject to all applicable federal, state, and local laws and regulations. In addition, when using a particular WorkCompCentral service, you shall be subject to additional posted guidelines or rules applicable to such service. As noted above, we may update these posted guidelines or rules from time to time and posting them shall constitute notice of their effectiveness. All such guidelines or rules are hereby incorporated into the TOS. WorkCompCentral may also offer other services from time to time that are governed by additional or different Terms of Service, all of which are hereby incorporated into these TOS as though originally a part hereof.
2. DESCRIPTION OF SERVICE
WorkCompCentral currently provides users with access to a rich collection of on-line resources, including, content, news, education, video, communications tools, bill/claims submission, workers' compensation reporting, shopping services, and branded programming through its network of properties. Any subsequent augmentation, enhancement, or change to the Services, including the release of new WorkCompCentral properties, shall be subject to the TOS. By accessing any of WorkCompCentral’s Services, you acknowledge, understand and agree that such are provided "AS-IS" and that WorkCompCentral assumes no responsibility for the timeliness, deletion, mis-delivery or failure with regards to any service provided.
In order to use the Services, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and you must pay any service fees associated with such access. In addition, you must provide all equipment necessary to make the connection to the World Wide Web, such as computer, modem, or other access device.
WorkCompCentral is a vendor of DocuCents™ - a legal document service and delivery company. You hereby agree that any and all service of documents conducted or arranged through the Services is legally enforceable as though such service of documents were made in full compliance with California Code of Civil Procedure section 1013 and Title 8, California Code of Regulations section 10507. You further agree that any technical requirements affording a defense relating to the service of which may arise out of the failure of service under such sections is hereby waived. You acknowledge and agree that it is your responsibility to retrieve any documents, which have been served on you through the Services.
You further agree that any and all use of data or information from the Services shall be used only in conformance with applicable state or federal statute or regulation, and that you remain solely and personally responsible for the safe and authorized use of such data or information, agreeing to hold harmless and indemnify WorkCompCentral, Inc. from any unauthorized or illegal use.
3. YOUR REGISTRATION and SUBSCRIPTION OBLIGATIONS
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself and/or your organization as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or WorkCompCentral has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, WorkCompCentral has the right to suspend or terminate your account and refuse any and all current or future use of the Service or any portion thereof. WorkCompCentral is committed to protecting privacy of all its users.
You further agree, as a paying subscriber to our premium services, to maintain your account in good standing unless you cancel. Cancellation in the middle of a subscription term is deemed a waiver of any balance of the service term remaining and you may not retrieve any data that you may have stored with us. You further agree to pay any invoices promptly, and in any event, no less that 30 days from date of invoice. Failure to pay any invoice timely gives us the right to, at our discretion, either terminate your service, or charge any credit card we hold on your account for the full balance of any indebtedness to us. In addition, any discounts granted will be revoked and payment on the full non-discounted value of services or products sold under an invoice not paid within 30 days will then be due.
This license allows you to receive Services on two electronic devices. You may transfer this license to any two devices you desire. Any time you move to another device you will receive an email notifying of a change with a link to activate that device. Any attempt to defeat, override, disable or modify the two device license and the technology used to enforce that license is a violation of these TOS and may result in termination of Services with no refund or recourse by you against WorkCompCentral.
"Buy Now" content access is limited to 24 hours from time of purchase., after which the content will no longer be available for your access. You are encouraged to access the content immediately after a "Buy Now" purchase. Please remember to observe all limitations on the use of the content as set forth in these Terms of Service and all copyrights.
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Within 30 days from the date of purchase, if the customer wishes to return the Book and cancel the access to the Electronic Edition, he or she may do so and receive a full refund, less any and all shipping and handling costs.
After the 30 days from the date of purchase, no refund will be provided to the customer for cancellation. This policy will be clearly presented to customers at the time of subscription.
A WorkCompCentral Education Subscription entitles you to attend as many live educational seminars and on-line education courses as you wish during the active term of the subscription. There are some exceptions, described below.
WorkCompCentral Education Subscription programs are on an annual basis only and can not be designated for any shorter term; a subscription will automatically renew unless cancelled before renewal date by you. The failure of a credit card charge on renewal terminates your subscription until you renew. The Education Subscription is non-transferrable.
Attendance of any course, live or on-line, is conditional upon a current and active subscription. For example, if you enroll in a live course and your subscription ends prior to the start of the course you will not be allowed to attend until your subscription is renewed. Likewise, if you begin an on-line course during an active subscription, but your subscription ends prior to completion of the course, you will not be able to finish that course until your subscription is renewed.
There are NO REFUNDS. Repeat: THERE ARE NO REFUNDS FOR EDUCATION SUBSCRIPTIONS.
Credential and certification programs are excluded. Courses taken under an Education Subscription may count towards a credential or certification, but only after you pay the full cost of the credential or certification, as applicable at the time of request. In such a case, there is no credit for the cost of the Education Subscription; i.e. you must pay the entire cost of the credential or certification regardless of whether you have taken any or all of the required courses using an Education Subscription, though such courses will count towards credential or certification curriculum requirements (you may still be required to take exams or quizzes).
The Annual Work Comp Laude® Gala is excluded from the Education Subscription.
WorkCompCentral reserves the right to omit any course from Education Subscription enrollment, and WorkCompCentral reserves the right to change subscription options and/or pricing at any time. Reasonable efforts will be made by WorkCompCentral to notify you of any changes made to the Education Subscription program and/or its offerings.
All live courses are enrolled on a first come, first served basis. Your Education Subscription does not guarantee enrollment or attendance at any live seminar or event. If you are interested in attending a live seminar or event you should enroll immediately. There is no penalty for cancelling or failing to attend.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the Service's registration process. You are responsible for safeguarding the confidentiality of the password and account, and you are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify WorkCompCentral of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session.
WorkCompCentral cannot and will not be liable to you or any third party for any loss or damage arising from your failure to safeguard the confidentiality of both your account and password. It is the user's responsibility to ensure that all information submitted to WorkCompCentral for the purpose of transmitting data to other members and for the service of documents in litigation settings is accurate, and timely. WorkCompCentral cannot and will not assume any liability for information that is incorrect and that results in the miscommunication or misdirection of forms or data, or the failure to transmit forms or data as a consequence of user or input error.
All WorkCompCentral shared account users are required to have an individual registration. You will use your individual login and password to access the shared account. An administrator designated by the shared account will be responsible for granting you, or denying you, access. If you have an access issue on a shared account please first contact your account administrator.
A shared account can only be accessed by one person at a time. If you are denied access to a shared account because someone else is using the account you will have an opportunity to discontinue their use so that you can log in. Please do so discriminately.
6. MEMBER CONDUCT
WorkCompCentral is committed to securing the privacy and security of the information you submit, post to, or transmit through our Services (hereinafter "Content").
You acknowledge and agree that WorkCompCentral may either review or disclose Content if required to do so by law or in its good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that the Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of WorkCompCentral, its users, or the public. WorkCompCentral accepts no responsibility for the accuracy of the Content or for supervising its preparation, use or transmission, or for the timeliness of any such transmission. Any documents or data transmitted under any time constraints is done so solely at your risk.
You understand that the technical processing and transmission of Services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You agree to indemnify and hold WorkCompCentral, its subsidiaries, affiliates, officers, agents, co-brandes or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post to or transmit through our Services, your use of Services, your connection to Services, your violation of the TOS, or your violation of any rights of another.
8. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any Service, including but not limited to any portion thereof, or any use of, or access to Services.
9. PRACTICES REGARDING USE AND STORAGE OF INFORMATION
You acknowledge that WorkCompCentral may establish general practices and limitations concerning use of Services, including but not limited to the maximum number of days that email messages, message board postings or other uploaded Content will be retained by our Services, the maximum number of email messages that may be sent from or received by an account on our Services, the maximum size of any email message that may be sent from or received by an account on our Services, the maximum disk space that will be allotted on WorkCompCentral's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Services in a given period of time. You agree that WorkCompCentral has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by our Services. You acknowledge that WorkCompCentral reserves the right to log off accounts that are inactive for an extended period of time. WorkCompCentral reserves the right to change these general practices and limitations at any time, in its sole discretion, with or without prior notice. Any such changes will be posted to the TOS.
10. MODIFICATIONS TO SERVICE
WorkCompCentral reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, Services or any part thereof with or without notice. You agree that WorkCompCentral shall be liable to you or to any third party for any modification, suspension or discontinuance of Services.
11. WorkCompCentral'S RIGHT TO TERMINATION
WorkCompCentral reserves the right, in its sole discretion, to terminate your password, account, or any part thereof or your use of Services, and remove and discard any Content, for any reason, including, without limitation, for lack of use over an extended period of time or if WorkCompCentral believes that you have violated or acted inconsistently with the letter or spirit of the TOS. WorkCompCentral may also in its sole discretion and at any time discontinue providing Services, or any part thereof, with or without notice. You agree that any termination of your access to Services under any provision of this TOS may be effected without prior notice, and acknowledge and agree that WorkCompCentral may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that WorkCompCentral shall not be liable to you or any third-party for termination of your access to Services or the loss of your information, content, messages, or other communications submitted, posted, transmitted by, or maintained by our Services. You agree that you use our Services solely at your own risk and agree to assume those risks and all consequences thereof.
12. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through our Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that WorkCompCentral shall not be responsible or liable for any loss or damage of any sort incurred by you or any third party as the result of any such dealings with, or as the result of the presence of such advertisers on our Service. WorkCompCentral does not endorse any advertiser on its system.
The Service or permitted third parties may provide links to other World Wide Web sites or resources. WorkCompCentral is not responsible for the availability of such external sites or resources, does not endorse them and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You acknowledge and agree that WorkCompCentral shall not be liable to you or any third party, either directly or indirectly, for any damage or loss caused or alleged to be caused, whether intended or unintended, by or in connection with the use of or in reliance on any such links, sites, resources, goods or services available on or through any such link, site or resource.
14. WorkCompCentral'S PROPRIETARY RIGHTS AND LICENSES
You acknowledge and agree that the Services and any necessary software used in connection with the Services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that WorkCompCentral Content is the copyright of WorkCompCentral and that you may not distribute, print, email, re-publish, give, sell or otherwise cause to be disbursed in any manner whether for free or for profit any Content whatsoever without the express, written permission of WorkCompCentral.
If you have registered for or purchased an individual license: WorkCompCentral grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including without limitation for the purpose of obtaining unauthorized access to our Services. You agree not to access the Services by any means other than through the provided interface.
15. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WorkCompCentral EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY, OR ACCURACY.
b. WorkCompCentral MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, OR THAT (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WorkCompCentral OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
16. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WorkCompCentral SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES WHETHER IN AN ACTION UNDER CONTRACT, TORT, OR ANY OTHER THEORY (EVEN IF WorkCompCentral HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA INCLUDING LIABILITY ASSOCIATED WITH ANY VIRUSES WHICH MAY INFECT A USER'S DATA, INFORMATION, OR COMPUTER EQUIPMENT; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
THIS SITE MAY CONTAIN LINKS TO OTHER SITES ON THE INTERNET THAT ARE OWNED AND OPERATED BY THIRD PARTY VENDORS AND OTHER THIRD PARTIES ("EXTERNAL SITES"). YOU ACKNOWLEDGE AND AGREE THAT WorkCompCentral IS NOT RESPONSIBLE FOR THE AVAILABILITY OF, OR THE CONTENT LOCATED ON OR THROUGH ANY EXTERNAL SITE. YOU SHOULD CONTACT THE WEBMASTER OR SITE ADMINISTRATOR FOR SUCH EXTERNAL SITE IF YOU HAVE CONCERNS REGARDING SUCH LINKS OR THE CONTENT LOCATED ON SUCH EXTERNAL SITE.
17. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 15 AND 16 MAY NOT APPLY TO YOU.
18. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS
If you intend to create or join any Service, receive or request any news, messages, alerts or other information from the Service concerning companies, stock quotes, investments or securities, please re-read Sections 15 and 16 again. In addition, for this type of information particularly, the phrase "Let the investor beware" is apt. The Service is provided for informational purposes only, and no content included in the Service is intended for trading or investing purposes. WorkCompCentral shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted via the Service, and shall not be responsible or liable for any trading or investment decisions made based on such information.
Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices on the WorkCompCentral home page.
The trademarks, logos, and services marks ("Marks") displayed on this Site are the property of WorkCompCentral, Inc. and other parties, where applicable. Users are prohibited from using any Marks for any purpose without the written permission of WorkCompCentral, Inc. or any such third party, which may own the Mark. All site design, text, graphics, interfaces and the selection and arrangements are (c) WorkCompCentral, Inc. 2017, All Rights Reserved, unless noted otherwise.
21. JURISDICTION/GOVERNING LAW
This TOS will be governed by and construed in accordance with the laws of the state of California as applied to agreements entered into and to be performed entirely with California-by-California residents. You agree to submit to the exclusive and personal jurisdiction of the courts located within the county of Ventura, California.
22. GENERAL INFORMATION
The TOS constitutes the entire agreement between you and WorkCompCentral and governs your use of the Service, superseding any prior agreements between you and WorkCompCentral. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The failure of WorkCompCentral to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
23. VIOLATIONS OF TERMS OF SERVICE
Please report any violations of the TOS to our Customer Service group.
WorkCompCentral reserves the right to seek all remedies available at law and in equity for violations of the TOS including the right to block access from a particular Internet address to this Site.
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