Terms of Service
1. Acceptance of Terms of Use. WorkersCompensation.com, LLC (WC.com) maintains this web site (the “Site”) for your personal use and information. Your access to and use of the Site is subject to the following Terms of Use and all applicable laws and regulations. WC.com may at any time revise these Terms of Use by updating this page. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms of Use. By accessing and/or using the Site, you accept and agree to be bound, without limitation or qualification, by these Terms of Use and any modifications hereto. WC.com may, in its sole discretion, immediately terminate your right to use the Site if it finds that you have failed to comply with any provision of these Terms of Use or if it believes, in its sole discretion, that you have in any way abused your right to use the Site. WC.com shall not be liable to you or to any third party for any claim or cause of action arising out of such termination.
2. License for Site Access. WC.com grants you a limited license to access and make personal use of this Site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of WC.com. This license does not include any resale or commercial use of this Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another user; or any use of data mining, robots, or similar data gathering and extraction tools. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of WC.com. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of WC.com without express written consent. You may not use any meta tags or other “hidden text” utilizing WC.com’s name or trademarks without the express written consent of WC.com. Any unauthorized use terminates the permission or license granted by WC.com.
3. Your Account. If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account and/or password. WC.com reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. WC.com reserves the right to delete delinquent and inactive accounts at any time. WC.com shall not be liable to you or any third party for any claim or cause of action arising out of WC.com’s exercise of the foregoing rights.
4. Simultaneous Use. If you use this Site, you agree to not utilize a single username and password for simultaneous access to the Site by two or more users. You agree that each user will login with a unique username and password. Sharing accounts or concurrent log ins are prohibited, and restricted by our system.
5. User Obligations. In exchange for your use of the Site, you agree to: (i) provide the Site with current, complete and accurate information about yourself (“Account Information”); and (ii) maintain and update your Account Information as necessary to ensure that it remains current, complete and accurate; and (iii) notify WC.com of any known or suspected unauthorized use(s) of your Account or any known or suspected loss, theft, or unauthorized disclosure of your password. You agree: (i) not to use the Site for any illegal purpose; (ii) not to interfere with or disrupt networks connected to the Site; (iii) to comply with all regulations, policies and procedures of such networks; and (iv) to abide by all applicable local, state and federal laws and regulations. Any fraudulent, abusive, or otherwise illegal activity may result in termination of your Account and legal prosecution.
6. Site Modifications. WC.com reserves the right, in its sole discretion, to modify, suspend or discontinue any part of the Site at any time, with or without notice to you. WC.com also reserves the right, in its sole discretion, to impose limits on certain features and services and to restrict access to any part or to all of the Site without notice to you. WC.com shall not be liable to you or any third party for any claim or cause of action arising out of WC.com’s exercise of the foregoing rights.
7. Privacy Policy. Your use of the Site is subject to the terms of our Privacy Policy.
8. General Disclaimer. While WC.com uses its best efforts to maintain the accuracy and reliability of the Site, it does not warrant or represent that (i) THE SITE will MEET YOUR REQUIREMENTS; (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS OBTAINED FROM THE USE OF THE SITE WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, OR MATERIALS ACCESSIBLE BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SERVICES OBTAINED FROM OR USED THROUGH THE SITE, OR ANY DEFECTS IN THE SITE, ITS SERVICES, OR MATERIALS, WILL BE CORRECTED. THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. WC.com MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. You expressly agree that your use of this site is at your sole discretion and risk. WC.com shall not be liable for any direct, indirect, incidental, special, consequential or punitive damages arising out of your access to, use of or inability to use the site, any information provided by the site or any transactions entered into with information or services obtained through the site. Without limiting the foregoing, the site is provided on an as is and as available basis, without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you. No information, whether oral or written, obtained by you from the Site, WC.com or its agents or employees shall create any warranty not expressly made in these Terms of Use. Neither WC.com nor any other party involved in creating, producing, maintaining or delivering the Site shall be liable for any damages to your computer equipment, loss of data, viruses that may infect your computer equipment or other property, or other harm that results from your access to or use of the Site or your downloading of any material, information or software from the Site.
9. Software. Software available for use on the Site is the copyrighted work of WC.com. Your use of the software is governed by the terms of the end user license agreement (“License Agreement”) which appears on your computer screen during the initial login process. You may use the software only in accordance with the terms of the License Agreement. Any use, copying or redistribution of the software is expressly prohibited by law, and may result in severe civil and criminal penalties.
10. Limitation of Liability. In no event, including, without limitation, negligence, shall WC.com, its subsidiaries, affiliates, agents, officers, directors, employees, partners, suppliers, or authorized reseller(s) be liable to you or to any third party for any special, punitive, incidental, indirect, or consequential damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of use, data, or profits, whether or not WC.com has been advised of the possibility of such damages, and on any theory of liability, arising out of or in connection with the use of or the inability to use this site, its services, or materials, the statements or actions of any third party on or through the site, any dealings with authorized reseller(s) or other third parties, any unauthorized access to or alteration of your transmissions or data, any information that is sent or received or not sent or received, any failure to store or loss of data, files, or other content, any services available through the site that are delayed or interrupted, or any web site referenced or linked to from this Site. Some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages. Accordingly, the limitations and exclusions set forth above may not apply to you.
11. Linked Sites. The Site may contain links to third party web sites. WC.com does not control and is not responsible for the contents or privacy policies of any linked site or of any link contained in a linked site. WC.com provides these links to you only as a convenience, and the inclusion of any link does not imply endorsement by WC.com of the site. Access to any linked site and participation in any activity or transaction on any linked site, including promotions sponsored by WC.com’s advertisers, are at your own risk.
12. Copyright Notice. All content included on this Site including, but not limited to, text, printed materials, online documentation, graphics, animations, logos, button icons, images, audio clips, video clips, digital downloads, data compilations, software and other material are the property of WC.com and are protected by U.S. and international copyright laws. You may not copy the printed or online materials accompanying and generated by the Site. The selection, compilation, arrangement and presentation of all materials, and the overall design of the Site are the exclusive property of WC.com, and are protected by U.S. and international copyright laws. All rights reserved. WC.com will enforce its intellectual property rights to the maximum extent possible.
13. Trademarks. WorkersCompensation.com™, WorkCompResearch.com, their respective logos, and other WC.com graphics, logos, page headers, button icons, scripts, and service names are trademarks and trade dress of WC.com. WC.com’s trademarks and trade dress may not be used in connection with any product or service that is not WC.com’s in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits WC.com. All other brands, names, and trademarks are property of their respective owners. You may not use WC.com’s trademarks or third parties’ trademarks without the prior written permission of WC.com or the applicable third party owner. WC.com will enforce its intellectual property rights to the maximum extent possible.
14. Refunds. Due to the electronic nature and portability of our product, refunds cannot be offered once you have logged in to your account. All sales are final.
15. Monthly Pay Plan Option. If you selected this option for your WCR subscription, you are agreeing to a minimum 12 month contract, and by accepting these terms acknowledge 1) that your credit card will be charged automatically every month for the initial term of the agreement, and 2) that you approve these payments. Should your credit card expire during the initial 12 month term, your contractual obligation will remain. You agree to provide new credit card information in a prompt and reasonable fashion in order to meet the obligations of this contract. The subscription will renew automatically every month following the initial term unless you cancel the account.
16. Electronic Communications. When you register with the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We may communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. By communicating with WC.com, you grant WC.com permission to use any information, suggestions, ideas, drawings or concepts communicated for any purpose WC.com chooses, commercial, public or otherwise, without compensation whatsoever.
17. Disputes. These Terms of Use shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions. Any dispute relating in any way to your visit to the Site shall be submitted to confidential arbitration in Sarasota, FL, except that to the extent you have in any manner violated or threatened to violate WC.com’s intellectual property rights, WC.com may seek injunctive or other appropriate relief in any state or federal court in the State of Florida and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. WC.com’s failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by WC.com in writing. If any of these provisions shall be deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provision.
