INTRODUCTION
Welcome to the web site of the Workers Compensation Insurance
Organizations (the “WCIO Site”).Please review the following terms
and conditions concerning your use of this site. By accessing, using or downloading
materials from this WCIO Site, you agree to follow and be bound by these terms
and conditions. If you do not wish to be bound by these terms and conditions,
please immediately exit this WCIO Site and make no further use hereof.
USE OF WCIO SITE
You may
download, view, copy and print documents and graphics incorporated in these
documents (“Content”) from this Web site, subject to the following: (1) the
Content may be used solely for informational, non-commercial purposes within
your organization; and (2) the Content may not be modified or altered in any way.Except as expressly provided herein, you may not use,
download, upload, copy, print, display, perform, reproduce, publish, license,
post, transmit or distribute any Content from the WCIO Site in whole or in part
without the prior written permission of WCIO. In no event may you remove any
copyright or other proprietary notices or legends appearing on the WCIO Site.
You agree
that you must evaluate, and bear all risks associated with, the use of any
Content, including any reliance on the accuracy, completeness, or usefulness of
such Content.
OWNERSHIP RIGHTS
All right,
title and interest (including all copyrights, trademark rights, patent rights
and other intellectual property rights) in and to the WCIO Site and all Content
appearing on the site is and shall remain the sole property of WCIO and its
licensors.
All
trademarks, service marks, logos, slogans and other proprietary marks appearing
on the WCIO Site are the trademarks and exclusive property of WCIO or the
identified trademark owners. Nothing contained on this WCIO Site should be
construed as granting, by implication, estoppel, or
otherwise, any license or right to use any trademark displayed on this site
without the written permission of WCIO or such third party that owns the
trademark.
SYSTEM SECURITY/ACCESS CODES
Certain
authorized users will be issued a confidential User ID and password allowing
such individuals to access information and documents available on restricted
areas of the WCIO Site, and to send and receive electronic mail and participate
in on-line discussion groups relating to the WCIO. Each such authorized user
shall keep his or her personal access codes strictly confidential. No device,
software or routine to interfere or attempt to interfere with the proper
working of the WCIO Site or any information contained on this site may be used.
You shall promptly notify WCIO of any known or suspected violation of these
rules or threat to the WCIO Site system security.
INDEMNITY
You agree to
indemnify and hold WCIO, and its affiliates, directors, officers, agents and
employees, harmless from any claim or demand, including reasonable attorneys'
fees, made by any third party due to or arising out of your use of the WCIO
Site, your connection to the site, your violation of these terms of service, or
your violation of any rights of another.
MODIFICATIONS TO WEBSITE
WCIO reserves
the right at any time and from time to time to modify or discontinue,
temporarily or permanently, the WCIO Site (or any part thereof) or any Content
thereon, with or without notice. You agree that WCIO shall not be liable to you
or to any third party for any such modification, suspension or discontinuance.
TERMINATION
You agree
that WCIO, in its sole discretion, may terminate an individual’s password,
account (or any part thereof) or use of the WCIO Site for any reason,
including, without limitation, for lack of use or if WCIO believes that he or
she has violated or acted inconsistently with these Terms and Conditions of
Use. You agree that any termination of your access to the WCIO Site under any
provision of these terms may be effected without prior notice, and acknowledge
and agree that WCIO 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 WCIO Site. Further, you agree that WCIO shall not be liable
to you or any third party for any termination of your access to the WCIO Site.
LINKS
The WCIO Site
may contain hypertext links to other World Wide Web sites or resources
controlled by parties other than the WCIO. Because WCIO has no control over
such sites and resources, you acknowledge and agree that WCIO is not
responsible for the availability of such external sites or resources, and does
not endorse and is not responsible or liable for any Content, advertising,
products, or other materials on or available from such sites or resources. You
further acknowledge and agree that WCIO shall not be responsible or liable, directly
or indirectly, for any damage or loss caused or alleged to be caused by or in
connection with use of or reliance on any such Content, goods or services
available on or through any such site or resource.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY
UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE WCIO WEB SITE IS AT YOUR SOLE RISK. THE
CONTENT, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES CONTAINED ON THIS WCIO
SITE MAY BE OUT OF DATE OR INCLUDE OMISSIONS, INACCURACIES OR OTHER ERRORS. ALL
CONTENT, INFORMATION, SOFTWARE PRODUCTS AND SERVICES ARE PROVIDED ON AN
"AS IS" AND "AS AVAILABLE" BASIS. WCIO EXPRESSLY DISCLAIMS
ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NON-INFRINGEMENT.
b. WITHOUT
LIMITING THE FOREGOING, WCIO MAKES NO WARRANTY THAT: (i)
THE WCIO SITE WILL MEET YOUR REQUIREMENTS; (ii) THE WCIO SITE WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE
OBTAINED FROM THE USE OF THE WCIO SITE WILL BE ACCURATE OR RELIABLE’ (iv) THE
QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL
PURCHASED OR OBTAINED BY YOU THROUGH THE WCIO SITE WILL MEET YOUR EXPECTATIONS;
OR (v) ANY ERRORS IN THE WCIO SITE WILL BE CORRECTED.
c. ANY
MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WCIO SITE IS
DONE AT YOUR OWN DISCRETION. 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.
LIMITATION OF LIABILITY
YOU EXPRESSLY
UNDERSTAND AND AGREE THAT IN NO EVENT SHALL WCIO 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 (EVEN IF WCIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES), INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT
OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF , THIS WCIO SITE OR ANY OTHER
HYPERLINKED WEB SITE.
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 MAY NOT APPLY TO YOU.
WCIO ANTITRUST STATEMENT
Broadly
stated, the basic objective of the antitrust laws is to preserve and promote
competition and the free enterprise system. The antitrust laws are premised on
the assumption that competition will produce the goods and services needed by
our society at the lowest price and the highest quality. The free enterprise
system and the antitrust laws require that business people make independent
decisions without agreement with their competitors.
Among other
things, the antitrust laws prohibit contracts, combinations and agreements that
unreasonably restrain trade. But for certain exemptions from the antitrust
laws, agreements among competitors with respect to prices and other terms and
conditions of sales are unlawful per se, that is, they are considered to
be illegal without regard to the business purpose for that agreement.
The following
subjects give rise to grave antitrust concerns and should not be discussed in
any fashion on or through this WCIO Site:
PRIVACY
Please review
our Privacy
Policy.
MISCELLANEOUS
You agree
that if any provision of these Terms and Conditions of Use is found void or
unenforceable, this will not affect the validity of the remainder of these
terms and conditions, which shall remain valid and enforceable, and the invalid
or unenforceable provision shall be deemed superseded by a valid, enforceable
provision that most closely matches the intent of the original provision.
This WCIO
Site is controlled by WCIO from its offices in
© Workers Compensation Insurance Organizations 2001. All rights
reserved.