E!Z Work Comp Rater Terms of Service Agreement

  Last Updated: June 27, 2012

 

1. Definition of the Service and Conditions of Use

M & R Information Services (hereafter referred to as ďM & RĒ) provides access to a service called
E!Z Work Comp Rater, which is a software program that allows users to compare pricing of workersí compensation insurance. 
All of the software or services are referred to in this contract as the "Service."   This Service will be provided to you subject to your agreement to abide by the legally binding Terms and Conditions of use described in this document.  The principal place of business for M & R is at 254 S. Benzie Blvd, Beulah, MI 49617 and its mailing address is P. O. Box 2188, Frankfort, MI , 49635 .

This agreement will always include, at a minimum, the Original Terms and Conditions set out in this document, but may also include Additional Terms and Conditions which are made available to you as a user at some later date.  Continued use of the Service constitutes your acknowledgement of these additional terms and your acceptance of these terms.

If there is any contradiction between what the Additional Terms say and what the Original Terms say, then the Additional Terms shall take precedence in relation to that Service.

2. Acceptance of the Terms of Use

To use the Service, you must first agree to the Terms. You may not use the Service if you do not accept the Terms.  You are prohibited from using the Service if you are not of legal age to form a binding contract with M & R.

To accept the Terms, you can either click to accept or agree to the Terms, where this option is made available to you by M & R in the user interface; or you can simply begin using the Service. Your use of the Service will be deemed as acceptance of the Terms from that point onwards.

Before commencing to use the Service, you should print off or save a copy of these Terms for your records.

3. Future Changes to the Terms

M & R may make changes to the Terms from time to time. When these changes are made, M & R will make a new copy of the Terms available at http://www.ezworkcomprater.com/legal.htm and any new Terms will be made available to you from within, or through, the affected Service.

You agree that if you use the Service after the date on which the Terms have changed, M & R will treat your continued use as acceptance of the updated Terms.

4. License from M & R Information Services

M & R gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the Service. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Service as provided by M & R, in the manner permitted by the Terms.

You may not assign or grant a sub-license of your rights to use the Service.

5. Responsibility for Passwords and Account Security

Access to the Service is by means of a log in, comprised of a User Name (your e-mail address) and a Password.  M & R provides each user with an initial Password, which should be changed immediately after the userís initial log in.  M & R encourages you to make your password as ďstrongĒ as possible (i.e. as secure and invulnerable to discovery as possible).  Once you have created a new Password, M & R will have no means of discovering or deciphering your Password.  You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Service.    

You agree that you will be solely responsible to M & R for all activities that occur through the use of your User Name and Password.

M & R may deny access to the Service without prior notice to you if it has reason to believe your User Name and Password have been compromised or are being used by someone other than you, if any unauthorized access to your personal information has occurred or is like to occur, or for other reasons.

Should you become aware of any unauthorized use of your password or of your account, you agree to immediately notify M & R at mail@MandRInfoServices.com and by calling M & R at (231)218-0204.

6. Changes to the Service by M & R Information Services

The Service is, by its nature, a dynamic product which M & R is always seeking to improve for the benefit of its users. These changes are essential to adapt to evolving market conditions and to modifications of the elements insurance carriers use to price workersí compensation insurance.  You acknowledge and agree that the form and nature of the Service which M & R provides may change from time to time without prior notice to you.

As a beneficiary of our commitment to ongoing Service enhancements and innovation, you agree that M & R may stop providing any features within the Service to you at its discretion, without prior notice to you.

You understand and agree that if M & R disables access to your account because of a failure to pay for the Service or your failure to abide by the Terms and Conditions, you may be prevented from accessing the Service or any related data is contained in your account.

You understand and agree that although M & R may not currently have set a fixed upper limit on the amount of storage space used for the provision of any Service, M & R may at some future date limit the amount of storage space at its discretion.

7. Your Use of the Service

To access the Service, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Service. You agree that any registration information you give to M & R will be accurate and current.

You agree to use the Service only for purposes that are permitted by the Terms and any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.

You agree not to access the Service by any means other than through the interface that is provided by M & R.  

You agree that you will not engage in any activity that interferes with or disrupts the Service (or the servers and networks which are connected to the Service).

You may print and make copies of any reports generated by the Serviceís interface for the purpose of using such information in decision making within your organization or to share with clients you insure or hope to insure.  Systematic retrieval of data from the Service to create or compile data or a database for the purpose of resale is expressly prohibited.

You agree that you are solely responsible for (and that M & R has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which M & R may suffer) of any such breach.

8. Privacy and your personal information

For information about M & Rís data protection practices, please read M & Rís privacy policy at http://www.MandRInfoServices.com. This policy explains how M & R treats your personal information, and protects your privacy, when you use the Service.

9. Content in the Services

You understand that all information (such as data files), which you may have access to as a result of using the Service, are the sole responsibility of the person from which such content originated. All such information is referred to below as the ďContentĒ.

You should be aware that Content presented to you as part of the Service may be protected by intellectual property rights which are owned by those who provide that Content to M & R (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by M & R or by the owners of that Content, in a separate agreement.

You agree that you are solely responsible for (and that M & R has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Service and for the consequences of your actions (including any loss or damage which M & R may suffer) by doing so.

10. Proprietary rights

You acknowledge and agree that M & R owns all legal right, title and interest in and to the Service, including any intellectual property rights which subsist in the Services, regardless of whether or not those rights happen to be registered.

You (or any agent acting on your behalf) may not copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Service.

Unless explicitly granted to you in writing by M & R, nothing in the Terms gives you a right to use any of M & Rís trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.

You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Service.

11. Terminating Your relationship with M & R Information Services

The Terms will continue to apply until terminated by either you or M & R as set out below.

You may stop using the Service at any time. You do not need to specifically inform M & R when you stop using the Service.  However, if you want to terminate your legal agreement with M & R, you may do so by notifying M & R at its mailing address:  P. O. Box 2188, Frankfort, MI 49635 .

M & R may terminate its legal agreement with you if:

(a) You have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or

(b) M & R is required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful); or

(c) The partner with whom M & R offered the Service to you has terminated its relationship with M & R or ceased to offer the Service to you; or

(d) The provision of the Service to you by M & R is, in M & Rís opinion, no longer commercially viable.

Nothing in this Section shall affect M & Rís rights regarding provision of Service under Section 5 of the Terms.

When these Terms come to an end, all of the legal rights, obligations and liabilities that you and M & R have benefited from, been subject to while the Terms have been in force, or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 16.7 shall continue to apply to such rights, obligations and liabilities indefinitely.

12. Disclaimer and Exclusion of Warranties

The Service contains an extensive array of data collected and maintained by M & R.  While M & R makes all reasonable efforts to include accurate and up-to-date information on the Service, errors and omissions may sometimes occur.  You are cautioned that reference to and use of any information and data available by accessing the Service is undertaken at your own risk.  Incorrect use of the Service and its functions can result in incorrect and/or invalid results.  Values displayed on the Service may differ from actual information used by insurance carriers in some instances.  Therefore, you are strongly urged to verify information obtained on this website through other independent and primary sources which are responsible for the initial generation of the data and values.

You acknowledge the foregoing disclaimer and agree that your use of the Service is at your sole risk and that services are provided ďas isĒ and ďas availableĒ.

Specifically, M & R does not represent or warrant to you that:

(a) The Service will meet your requirements;

(b)  Access to the Service will be free from interruption or that it will be timely, secure and free from error;

(c)  Any and all information obtained by you from the Service will be accurate and reliable;

(d)  Any material or data obtained through using the Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system and any related device or loss of data that results from downloading such material or data; and

(e)  No information, whether oral or written, obtained by you from M & R or through using the Service shall create any warranty not otherwise expressly stated in the Terms.

M & R disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties or merchantability, fitness for a particular purpose and non-infringement.   However, nothing in these terms shall exclude or limit M & Rís warranty or liability for losses which may not be lawfully excluded or limited by applicable law.  Some jurisdictions do not allow the exclusions of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages.  Therefore, only the limitations which are lawful in your jurisdiction will apply to you and our liability will be limited only as permitted by law.

   

13. LIMITATION OF LIABILITY

Subject to the foregoing provisions of Section 11 above, you understand and agree that M & R shall not be liable to you for:

(a)  Any direct, indirect, incidental, special consequential or exemplary damages which you may incur, however they are caused and under any theory of liability.   Such damages shall include, but are not limited to, any loss of profit, any loss of good will or business reputation, any loss of data suffered, any cost of procuring substitute goods or services, or any other tangible loss;

(b)  Any loss or damage you may incur, including but limited to a loss or damage, resulting from: 

(i)  Any changes which M & R may make to the Service, or for any temporary or permanent cessation in the any or all features of the Service;

(ii)  The deletion of, corruption of, or failure to store, any data maintained or transmitted by your use of the Service;

(iii)  Your failure to keep password or account information secure and confidential; and

(iv)  Your failure to provide accurate account information to M & R.

Limitations on M & Rís liability to you described above shall apply whether or not M & R has been advised of the possibility of such losses or should have been aware of the potential for same.

14. Other content

The Services may include hyperlinks to other web sites or content or resources. M & R may have no control over any web sites or resources which are provided by companies or persons other than M & R.

You agree that M & R is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.

You agree that M & R is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.

   

15. Jurisdiction, Severability and Enforceability

The Terms constitute the whole legal agreement between you and M & R and govern your use of the Service (but excluding any services which M & R may provide to you under a separate written agreement), and completely replace any prior agreements between you and M & R in relation to the Service.

You agree that if M & R does not exercise or enforce any legal right or remedy which is contained in the Terms (or which is available to M & R under any applicable law), this will not be taken to be a formal waiver of M & Rís rights and that those rights or remedies will still be available to M & R.

If any court rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.

The Terms, and your relationship with M & R under the Terms, shall be governed by the laws of the State of Michigan without regard to its conflict of laws provisions. You and M & R agree to submit to the exclusive jurisdiction of the courts located within the county of Grand Traverse in the State of Michigan to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that M & R shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.