Terms of Service for Workcompcentral

Thank you for your interest in workcompcentral.com. The following is a contract for your use of our service. Your subscription to workcompcentral.com constitutes your acceptance of these Terms of Service.

1. YOUR ACCEPTANCE OF TERMS

Welcome to workcompcentral.com. By accessing this Site, you indicate your acknowledgment and acceptance these Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. Workcompcentral.com 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.

Your access to and use of this Site is subject to all applicable federal, state, and local laws and regulations. In addition, when using a particular Workcompcentral.com 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.com 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.com currently provides users with access to a rich collection of on-line resources, including, various communications tools, bill/claims submission, workers' compensation medical reporting, shopping services, and branded programming through its network of properties (hereinafter referred to as the "Service"). Any subsequent augmentation, enhancement, or change to the Service, including the release of new Workcompcentral.com properties, shall be subject to the TOS. By accessing this Site, you acknowledge, understand and agree that the Service is provided "AS-IS" and that Workcompcentral.com assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.

In order to use the Service, 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.

You hereby agree that any and all service of documents conducted or arranged through the Service is legally enforceable as though such service of documents were made in full compliance with 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 Service.

You further agree that any and all use of data or information from the Service 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.com, Inc. from any unauthorized or illegal use.

3. YOUR REGISTRATION 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.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Workcompcentral.com 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.com is committed to protecting privacy of all its users.

4. WORKCOMPCENTRAL.COM PRIVACY POLICY

Registration Data and certain other information about you are subject to our Privacy Policy. For more information, please see our Privacy Policy.

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.com 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.com 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.com for the purpose of transmitting data to other members and for the service of documents in litigation settings is accurate, and timely. Workcompcentral.com 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.

6. MEMBER CONDUCT

Workcompcentral.com is committed to securing the privacy and security of the information you submit, post to, or transmit through the Service (hereinafter "Content").

You acknowledge and agree that Workcompcentral.com 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.com, its users, or the public. Workcompcentral.com 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 the Service, 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 acknowledge and agree that all data submitted to workcompcentral.com is the property of workcompcentral.com, Inc. and that any income derivative thereof is solely the property of workcompcentral.com, Inc. You further agree that workcompcentral.com has the exclusive right to use such data in any manner or for any purpose legally permissible so long as such use is in accordance with the Privacy Policy of workcompcentral.com. You agree that any data you submit is accurate and that you bear sole responsibility for ensuring the integrity and accuracy of any such data, and to hold Workcompcentral.com, Inc., its employees, agents, officers and directors harmless from any claim of damages which may be made as the result of the submission of inaccurate data.

7. INDEMNITY

You agree to indemnify and hold Workcompcentral.com, its subsidiaries, affiliates, officers, agents, co-brandies 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 the Service, your use of the Service, your connection to the Service, 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 the Service.

9. PRACTICES REGARDING USE AND STORAGE OF INFORMATION

You acknowledge that Workcompcentral.com may establish general practices and limitations concerning use of the Service, including but not limited to the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on Workcompcentral.com's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that Workcompcentral.com has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that Workcompcentral.com reserves the right to log off accounts that are inactive for an extended period of time. Workcompcentral.com 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.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service or any part thereof with or without notice. You agree that Workcompcentral.com shall be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

11. WORKCOMPCENTRAL.COM'S RIGHT TO TERMINATION

Workcompcentral.com reserves the right, in its sole discretion, to terminate your password, account, or any part thereof or your use of the Service, 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.com believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Workcompcentral.com may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that Workcompcentral.com 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.com shall not be liable to you or any third-party for termination of your access to the Service or the loss of your information, content, messages, or other communications submitted, posted, transmitted by, or maintained by the Service. You agree that you use the Service 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 the Service, 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.com 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 the Service. Workcompcentral.com does not endorse any advertiser on its system.

13. LINKS

The Service or permitted third parties may provide links to other World Wide Web sites or resources. Workcompcentral.com 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.com 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.COM'S PROPRIETARY RIGHTS AND LICENSES

You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or copyrights, trademarks, service marks, patents or other proprietary rights and laws protect information presented to you through the Service or advertisers. Except as expressly authorized by Workcompcentral.com or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

If you have registered for or purchased an individual license: Workcompcentral.com 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 the Service. You agree not to access the Service by any means other than through the provided interface.

If you have registered for or purchased a generic license: Workcompcentral.com grants you a single transferable and non-exclusive right and license to use the object code of its Software on any computer residing or located within the boundaries of a single defined geographic location, such as an office; 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 the Service. You agree not to access the Service 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.COM 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.COM 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.COM 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.COM 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.COM 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.COM 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.com 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.

19. NOTICE

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.com home page. 20. COPYRIGHT/TRADEMARKS

The trademarks, logos, and services marks ("Marks") displayed on this Site are the property of Workcompcentral.com, Inc. and other parties, where applicable. Users are prohibited from using any Marks for any purpose without the written permission of Workcompcentral.com, 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.com, Inc. 2000, 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.com and governs your use of the Service, superceding any prior agreements between you and Workcompcentral.com. 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.com 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.com 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.