Terms of Use
Updated 3-15-2008

THIS IS A LEGALLY BINDING CONTRACT. THIS SETS FORTH THE TERMS AND CONDITIONS UNDER WHICH YOU ARE PERMITTED TO ACCESS AND USE THE INFORMATION AND RESOURSES ON THIS WEBSITE (“TERMS OF USE”). PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS OF USE BEFORE USING THIS WEBSITE. EACH TIME YOU ENTER OR USE THIS WEBSITE OR ACCESS ANY DATA OR USE ANY SERVICE THAT ORIGINATES WITH THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS OF USE CONTAINED IN THIS AGREEMENT. UNLESS YOU AGREE TO THESE TERMS OF USE, YOU MAY NOT USE THE WEB SITE OR ANY DATA, SERVICES OR OTHER INFORMATION IT CONTAINS AND MUST EXIT THIS SITE IMMEDIATELY. YOU FURTHER AGREE THAT YOUR ASSENT, GIVEN ELECTRONICALLY, SHALL HAVE THE SAME LEGAL EFFECT AS IF THESE TERMS OF USE HAD BEEN PERSONALLY SIGNED BY YOU. TO THE EXTENT PERMITTED BY LAW, THESE TERMS OF USE ARE INTENDED TO SUPERSEDE ANY PROVISIONS OF APPLICABLE LAW WHICH MIGHT OTHERWISE LIMIT THEIR ENFORCEABLITY OR EFFECT BECAUSE THEY WERE ENTERED INTO ELECTRONICALLY.

Before you can enter this site, you must first establish a member account by becoming a Basic Subscriber. Before you can access certain additional features of this Site or make any payments or purchases, you must also become a Business Subscriber. Occasionally, the terms of this Agreement may change. If you access this Site at any time after such a change in terms of the Agreement is posted, then you are deemed to have accepted and agreed to all of the revisions

As used in the Terms of Use, “You”, “Your”, or “User” refers to the person that accesses the website located at www.workcompare.com, whether that person is an individual, a corporation, an unincorporated association or any other organization and whether singular or plural. The term “the Site” or “this Site” means and refers to www.workcompare.com.

1. This Site was developed and is maintained by Insurance Technologies Group, Inc. All of the content of this Site is made available to You only for the purposes described in these Terms of Use. This Site will provide information and data to both Basic Subscribers and Business Subscribers. All of the Terms of Use apply to both Basic Subscribers and Business Subscribers. Workcompare.com offers Basic Subscribers limited access without charge and offers Business Subscribers credit card transaction processing for general Site access both as more fully described in this Agreement and within the Site. The information provided on this Site is intended for reference only. Neither WorkCompare nor any of its employees, agents or representatives shall be held liable for any improper or incorrect use of the information described and/or contained on this Site. Neither WorkCompare nor its employees assume responsibility for any person's use of this information, except as expressly provided in these Terms of Use.
2. Your use of information and services provided by WorkCompare on this Site indicates Your acknowledgement and acceptance of the terms and conditions set forth in these Terms of Use. If You do not agree with or accept any of these terms or conditions, You must exit this Site immediately and discontinue any use of the information or services provided by it. WorkCompare reserves the right to change, modify, add, or remove portions of these Terms of Use at any time. You have the obligation to review the Terms of Use from time to time. WorkCompare will show the date of the latest revision as you enter the Site. If you have not accessed the Site after the date of the revision, you must review the revised Terms of Use before proceedng. Nevertheless, unless otherwise specified, such changes shall be effective upon posting. Your continued use of the Site or any WorkCompare Services after the date of any change in the Terms of Use constitutes Your agreement to be bound by the new Terms of Use. These Terms of Use may not be modified, varied or altered by oral agreement or by any means other than those specified in this Section 2.
3. You represent, warrant and agree that (a) all information You have provided to WorkCompare is true and correct in all respects, and (b) You will update WorkCompare with any changes to information You have previously supplied either through the Site or by e-mail. WorkCompare reserves the right, in its sole discretion, to refuse to provide You with any WorkCompare Service.
4. WorkCompare hereby grants You a revocable, non-exclusive, royalty-free license, during the Term, to access, view, copy, print and/or download search results, data and reports generated on this Site solely for use in the ordinary course of Your Company's business of estimating workers' compensation insurance premiums, subject to the restrictions herein and any other restrictions communicated by WorkCompare to You, and for no other purpose. WorkCompare shall provide the WorkCompare Services to You in all material respects in accordance with these Terms of Use and consistent with all applicable laws and regulations.
5. You understand that all Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from which such Content originated. This means that You, and not WorkCompare, are entirely responsible for all Content that You input, upload, post or otherwise transmit to the Site.
6. You agree not to reproduce, duplicate, copy, sell, resell, assign, license, sublicense or exploit any Content provided by WorkCompare, or any portion of the Service, use of the Service, or access to the Service. You agree not to attempt to bypass the authentication and security mechanisms maintained by WorkCompare or reverse engineer the software of the Site. You agree not to input, upload or post any Content on this site that (a) infringes any third-party intellectual property or publicity/privacy rights, (b) violates any applicable law or regulation, (c) impersonate any person or entity, including, but not limited to another User, or falsely state or otherwise misrepresent your affiliation with a person or entity, (d) contains any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information, (e) is otherwise tortious or criminal, (f) is related to any service in connection with any junk e-mail, spam, or unsolicited messages, commercial or otherwise; (g) restrict or inhibit any other user from using and enjoying the Site; (h) modify, falsify, or delete any attributions, legends, marks, notices, or any other proprietary designation of the origin or source of any material (including Content) appearing on the Site; and You further agree that You will not (i) copy, post, publish, transmit, reproduce, modify, create derivative works of, distribute or in any way exploit any information, Content, software, component or other material obtained through or in the Site. We reserve the right, in our sole discretion and at any time, to make any changes, modifications, amendments, alterations, and or deletions to any Content, and to any services, including advertising, which we make available at WorkCompare.com.
7. To access this Site, You must select a user ID and password. As a Business Subscriber, You agree (a) to limit access to this Site to those of Your employees and agents as may be reasonably necessary consistent with the purposes of this Site, (b) to register each authorized employee and agent, or to require each authorized employee and agent to register as a Sub-user under Your account and (c) that You will ensure that each such employee and agent accessing and using the account agrees to and otherwise complies with all applicable provisions of these Terms of Use regarding such use and access. As a Business Subscriber, You agree to be fully responsible for all use of the Site by each Sub-user. Each Basic Subscriber, Business Subscriber and Sub-user hereby agrees to maintain the username and password in confidence, and each assumes full responsibility for use of this Site through Your username and password. You are solely responsible for maintaining adequate security and control of any and all user IDs, passwords, or any other codes for purposes of giving You, and in the case of Business Subscribers, each Sub-user access to the Site. WorkCompare shall be entitled to rely on information it receives from You and may assume that all such information was transmitted by or on Your behalf. You shall comply with all WorkCompare recommendations and notices regarding the security of your User IDs and passwords.
8. In connection with the exercise of Your rights and obligations under these Terms of Use (including, without limitation, any related to individual privacy), You will comply, at Your own expense, with all laws, policies, guidelines, regulations, ordinances, rules applicable to You, this Agreement, Your business or the Transactions and/or orders of any governmental authority or regulatory body having jurisdiction over the subject matter hereof, including, without limitation, the rules promulgated by the Credit Card Associations, the Federal Trade Commission, the electronic communication rules of the CAN-SPAM Act, and the privacy requirements of the Gramm Leach Bliley Act and regulations thereof. In addition, You shall comply with all the current policies, procedures and guidelines of WorkCompare governing the Site, including, without limitation, these Terms of Use and WorkCompare’s Privacy Policy as amended from time to time. WorkCompare reserves the right to amend, modify or change such policies, procedures, and guidelines at any time. You shall not use the Site in any manner, or in furtherance of any activity that may cause WorkCompare to be subject to investigation, prosecution, or legal action.
9. WorkCompare may immediately terminate this Agreement and/or Your access to the Site, at any time and for any reason, with or without cause, including, without limitation, violation of the Terms of Use as well as directions or instructions located on the Site. Termination shall be accompanied by a written or electronic notice to You. Upon termination of this Agreement for any reason, all rights and obligations of the parties under this Agreement shall be extinguished, except that: (a) all payment obligations hereunder shall survive such termination; and (b) the rights and obligations of the parties under Sections 6, 10, 11,12 and 13 shall survive such termination. The right of access to the information contained on this Site is subject to the termination provisions set forth in these Terms of Use. In addition, if You or any of Your Sub-users commits a material breach of these Terms of Use, access to the information contained on this Site and/or WorkCompare Services may be immediately terminated. Upon termination, You shall cease all use of the information contained on or derived from this Site and shall take such other actions as WorkCompare may reasonably request to protect WorkCompare's rights and those of its members and/or licensors.
10. You acknowledge and agree that WorkCompare owns and retains all right, title and interest in and to the WorkCompare Trademarks and Intellectual Property. No title to or ownership of any of the foregoing is granted or otherwise transferred to You or any other entity or person under this Agreement. You represent, warrant and agree that You will not reverse engineer, disassemble, decompile or otherwise attempt to discover the Intellectual Property. You shall not use, register or attempt to register any WorkCompare service marks, trademarks, trade names, logotypes, or domain names that are confusingly similar to any of the WorkCompare Trademarks or the Site. You shall not (a) use the WorkCompare Trademarks or Intellectual Property or both except as expressly authorized in this Agreement; (b) take any actions inconsistent with WorkCompare's ownership of WorkCompare’s Trademarks or Intellectual Property or both and any associated registrations, or attack the validity of the WorkCompare Trademarks or Intellectual Property or both, its ownership thereof, or any of the terms of this Agreement; (c) use the WorkCompare Trademarks or Intellectual Property or both in any manner that would indicate You are using such WorkCompare Trademarks or Intellectual Property or both other than as a Registered User and licensee of WorkCompare; nor (d) assist any third party do any of the same. Each party shall take, at the other party's expense, such action (including, without limitation, execution of affidavits or other documents) as the other party may reasonably request to effect, perfect or confirm such other party's ownership interests and other rights as set forth in this Section 10.
11. All materials in this Site (including Site layout, design, text, images, and graphics) are the exclusive property of WorkCompare and/or its licensors and are protected to the fullest extent permitted by law. Except as specifically provided herein all content of this Site are copyrighted © 2008 Insurance Technologies Group, Inc. or its licensors. All rights reserved. WorkCompare does not claim any copyright in works of the United States government or any political subdivision thereof, nor does it claim copyright in ideas or works consisting entirely of information containing no original authorship or any other items not protectable under copyright law. “WorkCompare” and “workcompare.com” and other WorkCompare marks that appear throughout this Site belong to Insurance Technologies Group, Inc. Other non-WorkCompare marks used on this Site belong to third-party trademark owners. Except as permitted by applicable laws, You are prohibited from using any of the marks appearing on this Site without express written consent from the respective trademark owners.
12. Any conduct by You that violates any of the above obligations or is in any way contrary to these Terms of Use may result in the suspension or termination of Your access to the Site at the sole discretion of WorkCompare, with or without notice, in addition to any other remedies set forth herein or otherwise applicable in law or equity. WorkCompare reserves the right to terminate Your User ID at any time if WorkCompare believes Your conduct violates these Terms of Use or if WorkCompare believes that such conduct undermines the integrity or functionality of the Site or interferes with access by the Site's other users.
13. You and WorkCompare each agree to hold all information communicated from one party to the other, whether written or oral or in any media whatsoever (the "Confidential Information"), in strict confidence. Except as otherwise expressly permitted under the provisions of these Terms of Use neither party shall disclose, distribute or disseminate the Confidential Information or information derived therefrom in any way to any third party, nor to use the Confidential Information for the benefit of others, or for any purpose except in connection with the purposes of this Agreement. You agree to use Your best efforts to protect all Confidential Information and in any event, to take precautions at least as great as those taken to protect Your own information of a similar nature. You agree that this Agreement is considered Confidential Information. Upon WorkCompare's request, You will return all materials, in any medium, that contain, embody, reflect or reference all or any part of any Confidential Information. You acknowledge that breach of this provision may result in irreparable harm to WorkCompare, for which money damages may be an insufficient remedy, and therefore WorkCompare will be entitled to seek injunctive relief to enforce the provisions of this section.
14. Pre-quote estimates and other data generated through WorkCompare at workcompare.com is based on information on file with public agencies and other third party sources WorkCompare believes to be reliable. Although WorkCompare will not publish intentionally false or incorrect materials, the information on this Site may or may not reflect the most current information available from such sources. WorkCompare reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) or any content on the Site with or without notice. You agree that WorkCompare shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Site.
15. Except as expressly set forth herein, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. NEITHER WORKCOMPARE NOR ANY THIRD-PARTY CONTENT PROVIDER OR LICENSOR MAKES ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; THAT THIS SITE, INCLUDING THE SERVER THAT MAKES IT AVAILABLE, IS OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE MATERIALS ON THIS SITE; OR AS TO THE ACCURACY, RELIABILITY, AVAILABILITY, SUITABILITY, QUALITY, OR OPERATION OF ANY INFORMATION OR SERVICES PROVIDED ON OR ACCESSIBLE FROM THE SITE. ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD-PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND (EXPRESS, IMPLIED, AND STATUTORY, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF TITLE AND NON-INFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE), ALL OF WHICH WORKCOMPARE DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW. WORKCOMPARE DOES NOT CONTROL THE TRANSFER OF DATA TO OR FROM THE SITE AND ELSEWHERE. SUCH TRANSFER DEPENDS IN LARGE PART UPON THE PERFORMANCE OF SERVICES PROVIDED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CONNECTIONS TO THE SITE. THESE ACTIONS MAY INCLUDE, WITHOUT LIMITATION, DELIBERATE ATTEMPTS TO DISRUPT SERVICES, SUCH AS DENIAL OF SERVICE ATTACKS. WORKCOMPARE DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. WORKCOMPARE DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS OR THIRD-PARTY ACTS OR OMISSIONS.
16. YOU UNDERSTAND THAT, EVEN IF WORKCOMPARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, UNDER NO CIRCUMSTANCES SHALL WORKCOMPARE BE LIABLE FOR ANY LOST PROFITS, GENERAL, SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES WHETHER IN AN ACTION UNDER THEORY OF CONTRACT, TORTIOUS CONDUCT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR ANY WORKCOMPARE SERVICES, INCLUDING WITHOUT LIMITATION (A) YOUR USE OF OR INABILITY TO USE THE SITE OR ANY OF WORKCOMPARE SERVICES, OR (B) YOUR USE OF OR RELIANCE ON ANY INFORMATION CONTAINED ON THE SITE OR WORKCOMPARE SERVICES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR WORKCOMPARE SERVICES IS TO STOP USING THE SITE AND/OR WORKCOMPARE SERVICES. IF, FOR ANY REASON, THE FOREGOING LIMITATION IS FOUND BY A COURT OF COMPETENT JURISDICTION TO BE INVALID OR INAPPLICABLE UNDER THE CIRCUMSTANCES, YOU AGREE THAT WORKCOMPARE'S TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION OF ANY KIND OR NATURE SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY STATE LAW.
17. You agree to indemnify, defend, and hold harmless WorkCompare, its Affiliates and their officers, employees and representatives from and against any and all losses, liabilities, obligations, claims, suits, costs, expenses, damages, or judgments of any kind or nature whatsoever (including, but not limited to, reasonable attorneys' fees and other reasonable expenses associated with litigation, and any costs incurred pursuing indemnification claims hereunder), whether actual or threatened, resulting from or in any way connected with (a) a violation by You of these Terms of Use, (b) Your use of this Site; or (c) any unauthorized use of a WorkCompare User ID provided to or selected by You or Your Company. Notwithstanding the preceding sentence, You shall not be required by Subsection (b) of this Section 17 to indemnify WorkCompare for any Claims that are the direct result of WorkCompare 's negligence or willful misconduct. The indemnification provided for in this Section shall be in addition to, and not in lieu of, any other remedy at law or in equity that may be available to WorkCompare.
18. These Terms of Use are governed in all respects by the laws of the State of California, without giving effect to any principles of conflicts of laws. Any legal action or proceeding relating to Your access to or use of the Site or its content shall be exclusively subject to the jurisdiction of the federal or state courts in Los Angeles County, California, United States of America, and You agree to waive all defenses as to venue and/or personal jurisdiction as to any action brought there.
19. If any portion of these Terms of Use is or shall be ruled invalid or otherwise unenforceable, these Terms of Use shall be construed and interpreted in such a manner as to achieve as closely as possible the same effect as originally drafted. Any invalid or unenforceable portion should be construed as narrowly as possible in order to give effect to as much of these Terms of Use as possible.
20. BY CLICKING ON THE "I SIGN AND AGREE" BUTTON BELOW, YOU AFFIRM THAT YOU HAVE READ AND UNDERSTOOD THE ABOVE TERMS OF USE AND AGREE TO BE LEGALLY BOUND BY THIS CONTRACT. BY CLICKING ON THE "I SIGN AND AGREE" BUTTON BELOW, YOU ALSO ACKNOWLEDGE THAT YOU ARE AFFIXING YOUR SIGNATURE TO THESE TERMS OF USE, JUST AS IF YOU HAD SIGNED A PAPER DOCUMENT. AS A MEMBER ADMINISTRATOR TO A BUSINESS SUBSCRIBER, YOU REPRESENT AND WARRANT THAT YOU HAVE BEEN DULY AUTHORIZED TO ENTER INTO THIS AGREEMENT ON BEHALF OF THE BUSINESS SUBSCRIBER AND THAT THE BUSINESS SUBSCRIBER IS BOUND BY THESE TERMS OF USE.