Welcome to www.wccamerica.com (the “Website”). Workers Compensation Company of America, Inc. and its affiliates (“we,” “us” or “WCCA”) provide the information and content on this Website as an information service. By accessing this Website, you, and any parties on whose behalf or for whose benefit you access or otherwise use this Website (collectively, “you” or “User”), are agreeing to be legally bound by and comply with the following terms (the “Agreement”). This Website Terms of Use Agreement and Disclaimer of Liability ("this Agreement") governs the use of the Website including the content contained therein. If you do not intend to accept this Agreement you should refrain from using this Website in any manner.

1. Acceptance.
Accessing or otherwise using this Website constitutes your acceptance of the terms of this Agreement, as we may amend it from time to time. You represent and warrant that you are authorized to enter into this Agreement and be bound to the terms of this Agreement.


2. DISCLAIMER OF WARRANTIES.
The content and materials in this Website are provided “as is” and without representations or warranties of any kind, either express or implied. WCCA expressly disclaims all warranties, express or implied, with respect to this Website including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement. WCCA does not warrant or represent that the functions or operation of this Website will be uninterrupted or error-free, that defects will corrected, or that this Website, its servers or any e-mail sent from WCCA or its affiliates are free of viruses or other harmful components. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.

3. DISCLAIMER OF LIABILITIES.
Neither WCCA nor any of its affiliates, licensors, partners, managers, shareholders, directors, officers, employees or other agents shall have any liability to any User or their principals and agents for any damages, whether general, special, direct, indirect, incidental or consequential, including any lost profits or lost savings, whether or not foreseeable and whether based on contract, tort or statute. These include (but are not limited to) damages or injury caused by any: (1) Use of (or inability to use) the Website; (2) Use of (or inability to use) any site to which you hyperlink from our Website; (3) Failure of performance; (4) Error; (5) Omission; (6) Interruption; (7) Defect; (8) Delay in operation or transmission; (9) Computer virus; or (10) Line failure. User expressly acknowledges and agrees that WCCA is providing access to this Website in reliance on the disclaimers and limitations set forth in this Agreement, and further acknowledges and agrees that such limitations are reasonable. However, in certain states where the law may not allow us to limit or exclude liability for these incidental or consequential damages, the above limitation may not apply and you may have the right to recover these types of damages. In any event, our liability to you for all losses, damages, injuries and claims of any kind, whether the damages are claimed under the terms of a contract, or they are claimed to be caused by negligence or other wrongful conduct or any other legal theory, will not be greater than the amount you have paid to access our Website.

4. Permission to Use; Limitations; Termination.
Users who have accepted this Agreement are granted permission to use this Website for its intended purposes subject to the terms of this Agreement. Certain sections of this Website may be restricted in which event use of those sections is prohibited unless specific permission to access those sections is given by us. This Website may be used only for your internal purposes. The Website is intended to be used by residents of the United States and its territories, possessions and protectorates only. You agree to comply with this Agreement as it may be modified from time to time as set forth below. You also agree to comply with all applicable laws. WCCA may cancel the permission for you to use all or any part of this Website at any time for any reason in the sole discretion of WCCA. Your permission to use this Website shall automatically terminate in the event that you violate this Agreement. All provisions of this Agreement other than the permission to use this Website shall survive termination.

5. Our Intellectual Property.
All contents of the Website are copyrighted by WCCA and all rights are reserved. Certain WCCA products and services referenced herein may also be either trademarks or registered trademarks of WCCA in the United States and other countries. Except to the extent express written permission is given by us, you may not copy, reproduce or otherwise duplicate this Website, in whole or in part, or access or attempt to access any of our systems, programs, data or other information or content that is not made available for public use, or use any information on this Website other than for its intended purpose. Permission is hereby given to you to view, print or download information on this site that is made available for public viewing, printing or downloading, for your own internal use and not for republication, distribution, sale, transfer, preparation of derivative works or other use. Data mining, harvesting or similar collection of email addresses or other information on this Website is prohibited. If you believe that any content or other aspects of this Website infringe upon the rights of others, you should provide notice to us at the following address: 8924 E. Palm Ridge Drive, Scottsdale, Arizona 85260, in which event we may elect to investigate the matter further.

6. Third-Party Websites/Vendors.
This Website may contain advertisements for or information about third-party providers of information, services and products and/or links to their websites. The owners and affiliates of such providers are referred to in this Agreement as "Third-Party Vendors". Such advertisements, information and links shall not be construed as approval or endorsement of such vendors or their websites. If you decide to deal with such vendors or visit such sites, you understand that it is subject to any applicable rules and policies of such Third‑Party Vendors including any applicable terms of use agreements or privacy policies of such Third‑Party Vendors. Third-Party Vendors have no authority to act on our behalf or bind us, and we are not responsible for the actions of Third-Party Vendors. You shall be responsible for taking such steps as you deem appropriate to evaluate Third-Party Vendors and their services and products and otherwise protect your legitimate interests. WCCA shall not be construed to be a party to any transactions that may be entered into between you and Third-Party Vendors.

7. Links to Our Website.
If a third party links to our Website, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture or partnership by or with us. In most cases, we are not aware that a third party has linked to our Website. Unless otherwise set forth in a written agreement between you and WCCA, you are hereby granted a limited, revocable and nonexclusive right to create a hyperlink to the home page of our Website, provided that you adhere to the following: (i) you may not use any logo, graphic or trademark of WCCA as part of the link without our prior express written permission, (ii) the appearance, position and other aspects of the link must not portray WCCA, the Website, or WCCA’s products or services in a false, misleading, derogatory or otherwise offensive manner, and must not damage or dilute the goodwill associated with WCCA's trademarks, (iii) you may only link to our home page, www.wccamerica.com, and not to any other page within the Website, (iv) the appearance, position and other attributes of the link may not create the false appearance that your website or organization is sponsored by, affiliated with, or associated with WCCA in any way, and (v) you may not frame or utilize framing techniques to enclose all or any portion of the Website on your website. WCCA reserves the right to revoke its consent to any hyperlink at any time and in its sole discretion.

8. Password Registration.
Some areas of the Website may be restricted and require a password for access. Unauthorized use of or access of such areas is strictly prohibited. In accessing areas requiring a password, you agree that:
9. Security; Privacy.
We strive to maintain the security of information provided in connection with this Website but cannot guarantee the security of any such information and we shall not be responsible for a compromise of User information. We have no obligation to store or maintain any information provided by or on behalf of you. Any information we collect will be subject to our Privacy Policy as it may be modified from time to time.

10. Changes to Website; Limitation of Availability.
We may modify or discontinue any aspect or feature of this Website, including its content, functionality, hours of availability, pricing, registration requirements, the domain name addresses through which this Website is accessible, or the equipment needed for its use, at any time and for any reason in our sole discretion. The availability of this Website is subject to periodic downtime for maintenance and repairs and is subject to interruption due to causes beyond our reasonable control including computer viruses, failure of telecommunication links and failure of Internet infrastructure. You acknowledge and agree that we shall not be responsible for any interruptions of the availability of this Website.

11. Exclusive User Remedy.
In the event that you are dissatisfied with any aspect of this Website, your sole remedy shall be to discontinue use of this Website.

12. OChoice of Law and Forum; Attorneys' Fees; Indemnification.
This Agreement shall be governed exclusively by its terms and by the laws of the State of Arizona as applied to contracts entered into in Arizona between Arizona residents without regard to the state's rules concerning choice of law. You hereby expressly consent and agree to exclusive jurisdiction and venue in Maricopa County, Arizona with respect to any litigation arising out of or relating to this Agreement, provided that we may bring an action to enforce our rights in any forum having jurisdiction. In the event we are required to incur any attorneys fees or other expenses in connection with enforcing or defending our right under this Agreement with respect to your, you shall reimburse us for such attorneys' fees and expenses. User agrees to indemnify WCCA against any and all claims and expenses, including attorneys’ fees, arising from the User’s use of the Website or breach of this Agreement.

13. Other Provisions.
In the event that any provision of this Agreement is held to be invalid or unenforceable, the remainder of this Agreement shall continue in full force and effect, and the provision held to be invalid or unenforceable shall be automatically amended to most closely approximate the original provision on terms that are valid and enforceable and the court or other adjudicating authority holding such provision invalid or unenforceable shall make such amendment accordingly. This Agreement reflects the entire agreement of the parties relating to the subject matter hereof, and any prior understandings, agreements or representations related to such subject matter are hereby superseded. This Agreement shall control over any conflicting documents or information, including information on this Website, and shall be the sole source of any obligations of us. We may modify the terms of this Agreement from time to time by posting changes to this Agreement on this Website. No provision of this Agreement may be amended, modified or waived except as provided in the foregoing sentence. You agree to review this Agreement from time to time and comply with any changes. Any use of this Website after our posting of any such changes shall constitute your acceptance of this Agreement as modified. The terms of this Agreement constitute the mutual agreement of the parties and shall be construed neutrally and not for or against either party.

14. E-mail and Other Electronic Communications.
When you visit the Website or send e-mails to us, you are communicating with us electronically, and by doing so you consent to receive communications electronically. We may communicate with you by e-mail or by posting notices on the Website. You agree that all agreements, notices and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing.

  contact@wccamerica.com