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:

  • Raising, lowering or stabilizing rates;
  • The encouragement of a boycott of an insurance carrier, product or service;
  • Actual, current, or future rates including actuarial projections;
  • What constitutes a “fair” profit level;
  • Credit terms;
  • Decisions to quote or not quote on certain types of classes or risks.

 

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 New York, New York in the United States of America. All matters relating to your access to, or use of this WCIO Site shall be governed by the laws of the State of New York, without regard to its conflicts of law provisions. Any legal action or proceeding relating to your access to or use of this WCIO Site or its Content shall be exclusively subject to the jurisdiction of the federal courts of the United States of America and/or the state courts of New York.

© Workers Compensation Insurance Organizations 2001. All rights reserved.