These Terms of Use constitute a legally binding agreement between you and INSURANCE TECHNOLOGIES GROUP, INC., doing business as WORKCOMPARE.COM INSURANCE SERVICES, INC. (“Company,” “we,” “us,” or “our”), governing your access to and use of the WorkCompare website, platform, tools, data, reports, and related services (collectively, the “Site”).
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Acceptance of Terms
Access to and use of the Site is conditioned upon your acceptance of these Terms of Use.
Access to the Site requires that you affirmatively indicate your agreement to these Terms of Use, including by selecting or clicking an “I sign and agree” or similar acknowledgment during login or account access. By selecting such acknowledgment, you represent and agree that you have read, understand, and accept these Terms of Use.
Your electronic acceptance constitutes your electronic signature and has the same legal effect as a handwritten signature. You agree that this agreement may be formed electronically and that electronic records and signatures are valid and enforceable under applicable law.
If you are accessing or using the Site on behalf of a company or other legal entity, you represent and warrant that you have authority to bind that entity to these Terms of Use, and the term “you” includes that entity.
If you do not agree to these Terms of Use, you may not access or use the Site.
We may modify these Terms of Use at any time. Updated Terms of Use will be posted on the Site, and your continued access to or use of the Site after such posting constitutes your acceptance of the modified Terms of Use.
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Definitions
For purposes of these Terms of Use:
“Subscriber” means any individual or entity that has registered for and maintains an account to access the Site.
“Subscription Tier” means the level of access purchased or authorized by a Subscriber, including Basic, Business, or Premium.
“Basic Subscriber” means a Subscriber with access to the Basic tier of the Site.
“Business Subscriber” means a Subscriber with access to the Business tier of the Site.
“Premium Subscriber” means a Subscriber with access to the Premium tier of the Site.
“Sub-User” means an individual authorized by a Business Subscriber or Premium Subscriber to access the Site under that Subscriber’s account.
“Site” means the WorkCompare website, platform, software, tools, analytics, reports, data, and related services.
“Content” means all information, data, reports, analytics, text, graphics, software, methodologies, and other materials made available through the Site.
“Confidential Information” means all non-public information available through the Site, including data, reports, analytics, methodologies, and output.
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Account Registration and Access
Access to the Site requires registration and creation of an account. You agree to provide accurate and complete information during registration and to keep your account information current.
Business and Premium Subscribers may authorize Sub-Users and are responsible for managing Sub-User access. The Subscriber is responsible for all activity occurring under its account and any Sub-User accounts.
You are responsible for maintaining the confidentiality of login credentials. You may not share credentials or permit unauthorized access to the Site.
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Subscription Tiers
The Site is offered under multiple Subscription Tiers, including Basic, Business, and Premium. Premium access includes enhanced functionality relative to Business access. Business and Premium tiers may permit Sub-Users and administrative controls.
The Company determines which features, tools, data, and functionality are available within each Subscription Tier. Subscription fees, billing terms, and related commercial terms are governed by separate subscription agreements.
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License Grant and Permitted Use
Subject to these Terms of Use, the Company grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Site for lawful business purposes.
The Site and its Content are provided solely to facilitate lawful Workers’ Compensation insurance transactions between licensed agents or brokers and insurers. You may use the Site only for this permitted purpose.
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Use Restrictions
You may not:
- Use automated systems, bots, crawlers, or scraping tools to access the Site.
- Engage in bulk downloading or systematic extraction of data.
- Reconstruct or replicate any database, dataset, or analytics platform using Site Content.
- Use Site data, reports, analytics, or output to train, fine-tune, validate, or develop any artificial intelligence or machine learning system, including using manually downloaded materials.
- Use the Site or its Content to build, enhance, or operate a competing platform, product, or service.
- Circumvent security measures or access controls.
- Engage in excessive or abusive querying that disrupts the Site.
- Use the Site for any unlawful purpose.
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Informational Nature of Site; No Reliance
The Site provides estimates, analytics, and market intelligence tools for informational purposes only. The Site does not issue insurance quotes, make underwriting decisions, or guarantee placement of coverage.
No output from the Site constitutes an offer of insurance, a commitment to insure, underwriting approval, or a guarantee of coverage, pricing, or carrier acceptance. Insurers retain sole discretion over underwriting decisions and pricing.
You are solely responsible for verifying information and exercising independent professional judgment before relying on any data, reports, or analytics provided through the Site.
The Company may separately provide insurance brokerage services in its licensed capacity. Any such brokerage services are conducted separately and are governed by separate communications or agreements.
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Intellectual Property
The Site and all Content are owned by the Company or its licensors and are protected by intellectual property laws. No rights are granted except as expressly stated in these Terms of Use.
You may not copy, reproduce, distribute, modify, reverse engineer, or create derivative works from the Site or its Content except as expressly permitted.
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Confidentiality
All Content and Confidential Information provided through the Site is confidential and provided solely for the permitted purposes described in these Terms of Use.
You may not reproduce, disclose, distribute, or use Confidential Information for any purpose other than the permitted use described herein.
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Modification of Site and Features
The Company may modify, enhance, replace, or discontinue any aspect of the Site at any time, including features available within any Subscription Tier.
The Company is not obligated to maintain any specific feature or functionality. Continued use of the Site following modifications constitutes acceptance of such changes.
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Suspension and Termination
The Company may suspend, restrict, or terminate your access to the Site, in whole or in part, at any time and for any reason, with or without notice, in its sole discretion.
Without limiting the foregoing, the Company may suspend or terminate access for violation of these Terms of Use, suspected misuse, security risks, excessive or abusive usage, or to protect the integrity of the Site or other users.
The Company may investigate suspected violations and may restrict access during such investigations.
Termination or suspension does not obligate the Company to issue refunds except as required by law.
Upon termination, your license to access the Site immediately ceases. Provisions relating to intellectual property, confidentiality, indemnification, limitation of liability, dispute resolution, and any other provisions that by their nature should survive shall survive termination.
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Warranty Disclaimer
The Site and all Content are provided “as is” and “as available” without warranties of any kind, whether express or implied.
The Company disclaims all implied warranties, including merchantability, fitness for a particular purpose, non-infringement, accuracy, completeness, and reliability.
The Company does not warrant uninterrupted or error-free access to the Site, nor does it guarantee the accuracy, timeliness, or completeness of any data or output.
The Company does not guarantee insurance placement, carrier acceptance, pricing, or business outcomes.
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Limitation of Liability
To the fullest extent permitted by law, the Company shall not be liable for indirect, incidental, consequential, special, exemplary, or punitive damages, including lost profits, lost business, loss of data, or business interruption.
The Company’s total aggregate liability arising out of or relating to the Site or these Terms of Use shall not exceed the total subscription fees paid by the Subscriber during the twelve months immediately preceding the event giving rise to the claim.
The foregoing limitations do not apply to fraud, willful misconduct, or Subscriber indemnification obligations.
Any claim arising out of or relating to the Site or these Terms of Use must be brought within one year after the event giving rise to the claim.
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Indemnification
You agree to indemnify, defend, and hold harmless the Company from any claims, damages, liabilities, costs, and expenses arising from your violation of these Terms of Use, misuse of the Site, or unauthorized access to the Site.
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Force Majeure
The Company shall not be liable for any delay or failure in performance resulting from causes beyond its reasonable control, including natural disasters, government actions, war, civil unrest, utility failures, internet outages, cloud provider failures, or cyberattacks.
Payment obligations are not excused by force majeure events.
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Governing Law and Jurisdiction
These Terms of Use are governed by the laws of the State of California. Any legal action arising from these Terms of Use shall be brought exclusively in the state or federal courts located in the County of Los Angeles, California.
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Miscellaneous
If any provision of these Terms of Use is found unenforceable, the remaining provisions remain in effect.
No waiver of any provision shall be deemed a continuing waiver.
These Terms of Use constitute the entire agreement between you and the Company regarding the Site.
You may not assign your rights under these Terms of Use without the Company’s prior written consent.
Headings are for convenience only and do not affect interpretation.