These Terms of Service ("TOS") are effective as of January 01, 2018 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”), you indicate your acknowledgment and
acceptance these TOS.
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.
As of December 1, 2017, WorkCompCentral will no longer be a vendor of DocuCentsTM.
Records will still be retrievable from WorkCompCentral for customers who have utilized this
service before December 1, 2017. 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 from any unauthorized or
illegal use.
3. YOUR REGISTRATION and SUBSCRIPTION OBLIGATIONS
In consideration of your use of the Services, 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 Services 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 for a term less than 30 days is non-refundable.
For cancellations of terms greater than 30 days, the remaining balance of the term will be
refunded, however, there will not be any prorating and there will be no refund on any unused
time within any 30 day period. You further agree to pay any invoices promptly, and in any
event, no less than 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.
Device Limitations
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
"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 TOS and all copyrights.
Education Subscription Annual Pass (ESAP)
A WorkCompCentral ESAP 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 ESAP programs are on an annual basis only and cannot 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 ESAP 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 online 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.
Students attending Live Seminars via use of the Education Subscription Annual Pass (ESAP) may cancel seven (7) or more days prior to the Live Seminar, without being charged a refund administration fee. Cancellations that occur less than seven (7) days prior to the Live Seminar or Live Webinar date will incur a charge for the event at the special member price. The current member price for standard 6 hour Live Seminars is $299.
There are NO REFUNDS. Repeat: THERE ARE NO REFUNDS FOR EDUCATION SUBSCRIPTIONS.
Credential and certification programs are excluded. Courses taken under an ESAP 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 ESAP; 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 ESAP, though such courses
will count towards credential or certification curriculum requirements (you may still be required to
take exams or quizzes).
The Annual Comp Laude® Gala is is included with the ESAP and is non-transferable.
WorkCompCentral reserves the right to omit any course from ESAP 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
ESAP program and/or its offerings.
All live courses are enrolled on a first come, first served basis. Your ESAP 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.
Jobs
Once a job ad is purchased, it will display immediately online to members and the public for the purchased term. WorkCompCentral will not provide a refund, for any reason, once an ad has been published. If a position has been filled, WorkCompCentral can deactivate or replace the ad with another the remaining time. WorkCompCentral will not offer any prorated refunds for ads that are removed before the paid term. Ads should be checked carefully for errors before being posted. WorkCompCentral will not check for errors, it is the user's responsibility to check and correct any errors. Corrections can be made at any time by logging into the posting account or by contacting support@workcompcentral.com. Results are not guaranteed for ads placed on www.workcompjobs.com.
Republication Policy
Only republications that have been approved by WorkCompCentral may be republished.
Republication approval is granted on a request only basis and at the discretion of management.
No approved republication may be republished until at least 3 days after initial publication.
Approved republication cannot be “stored” or displayed for more than 3 months. Approved
republication cannot be used for marketing purposes.
In order to request republication approval, please provide a copy of what articles you wish to
republish and how and where the WorkCompCentral articles will appear. Once the request has
been received, management will review for final approval.
4. WorkCompCentral PRIVACY POLICY
Registration Data and certain other information about you are subject to our Privacy Policy. For
more information, please see our Privacy Policy
Attendee List Disclosure
WorkCompCentral may provide an attendee list to sponsors for special functions and/or events.
You agree that your attendance of any said function or event grants WorkCompCentral
permission to disclose your name and/or contact information, as part of the attendee list, to
sponsors.
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
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 acknowledge and agree that all data submitted to WorkCompCentral is the property of
WorkCompCentral and that any income derivative thereof is solely the property of
WorkCompCentral You further agree that WorkCompCentral 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. 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, 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, its subsidiaries, affiliates, officers, agents,
co-brands 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.
13. LINKS
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.
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
home page.
20. COPYRIGHT/TRADEMARKS
The trademarks, logos, and services marks ("Marks") displayed on this Site are the property of
WorkCompCentral and other parties, where applicable. Users are prohibited from using
any Marks for any purpose without the written permission of WorkCompCentral or any such
third party, which may own the Mark. All site design, text, graphics, interfaces and the selection
and arrangements are (c) WorkCompCentral 2016, 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.