Terms of Use
Last Revised November 6, 2017
Acceptance of Terms of Use
Eagle Software Corporation
(Eagle) maintains this web site (the “Site”) for your personal use and
information. Your access to and use of the Site in any way, including
using, downloading or transmitting any of the services or functionality
(“Services”) or Materials made available or enabled via the Site (“Materials”)
are subject to the following Terms of Use and all applicable laws and
regulations. You understand and agree that Eagle reserves the right to
modify these Terms of Use by updating this page, from time to time in its sole
discretion, without notice or liability to you. You are bound by any such
revisions and should therefore periodically visit this page to review the most current
version of these Terms of Use. By accessing and/or using the Site,
Services and/or Materials, you accept and agree to be bound, without limitation
or qualification, by these Terms of Use and any modifications hereto.
Eagle may, in its sole discretion, immediately terminate your right to use the
Site if it finds that you have failed to comply with any provision of these
Terms of Use or if it believes, in its sole discretion, that you have in any
way abused your right to use the Site, Services and/or Materials. Eagle
shall not be liable to you or to any third party for any claim or cause of
action arising out of such termination.
Use of Site, Services and
Materials
Eagle grants you a limited
license to access and make personal, non-commercial use of this Site, Services
and Materials. You may not download (other than page caching) or modify the
Site, or any portion of it, except with express written consent of Eagle.
This license does not include: any resale or commercial use of this Site,
Services or Materials; any collection and use of any product listings,
descriptions, or prices; any derivative use of this Site, Services and
Materials; any downloading or copying of account information for the benefit of
another user; or any use of data mining, robots, or similar data gathering and
extraction tools. The Site, Services and Materials or any portion of the
Site, Services and Materials may not be reproduced, duplicated, copied, sold,
resold, visited, or otherwise exploited for any commercial purpose. You
may not frame or utilize framing techniques to enclose any trademark, logo, or
other proprietary information (including images, text, page layout, or form) of
Eagle without express written consent. You may not use any Meta tags or
other “hidden text” utilizing Eagle’s name or trademarks without the express
written consent of Eagle. Any unauthorized use terminates the permission
or license granted by Eagle. You are granted a limited, revocable, and
nonexclusive right to create a hyperlink to the home page of WorkersComputation.com™, so long as the link does not portray Eagle,
its affiliates, or their products or services in a false, misleading,
derogatory, or otherwise offensive matter. You may not use any WorkersComputation.com™, or Eagle logo or other proprietary graphic or
trademark as part of the link without express written permission.
Refunds & Substitutions
Eagle will refund the cost of any
unused claimant credits within 14 days of your purchase. Eagle does not
issue refunds for used claimant credits. After 14 days, all purchases are
final. Eagle does not allow substitutions. You should carefully
examine your order before confirming your purchase.
Your Account
You are responsible for
maintaining the confidentiality of your account, username and password.
You are also responsible for all activity that occurs under your account and/or
login. Eagle cannot and will not be liable for any loss or damage from
your failure to comply with this obligation. Eagle reserves the right to
refuse service, terminate accounts, remove or edit content, or cancel orders in
their sole discretion. Eagle reserves the right to delete delinquent and
inactive accounts at any time. Eagle shall not be liable to you or any third
party for any claim or cause of action arising out of Eagle’s exercise of the
foregoing rights.
Your Login
Your login may be used by you and
only you. You may not provide others with access to the Software through
your login. Separate logins may be purchased for as many people as you
would like. Product support and technical support are only available to
users with a valid login and are only available via the Message Center.
Your login is not assignable, transferable or sub-licensable by you and any
such conveyance will be null and void. Eagle may require that you change
your login information or certain parts of your login information at any time
for any reason.
Simultaneous Use
Simultaneous use of a username is
not permitted. The site continuously monitors username activity to detect
instances of simultaneous use. If simultaneous use is detected, both
users will be automatically logged off. As a security measure, the licensed
user will be required to complete the change password process. After
three episodes of simultaneous use, the username will be permanently locked and
can only be reinstated by paying an unlock fee. Eagle shall not be liable
to you or any third party for any claim or cause of action arising out of
Eagle’s exercise of the foregoing rights.
User Obligations
In exchange for your use of the
Site, Services and Materials, you agree: (1) That your Account and
Login information will always be complete, accurate and up-to-date; (2)
If you become aware of any unauthorized use of your Account or Login
information, or any other breach of security, you will notify Eagle
immediately; (3) Not to use the Site for any illegal purpose; (4) Not to
interfere with or disrupt networks connected to the Site; (5) To comply with
all regulations, policies and procedures of such networks; and (6) To abide by
all applicable local, state and federal laws and regulations. Any
fraudulent, abusive, or otherwise illegal activity may result in termination of
your Account and legal prosecution.
Electronic Communications
When you register with the Site, send
e-mails to us, or send a message using the Message Center, you are
communicating with us electronically. You consent to receive
communications from us electronically. We may communicate with you
through the Message Center, by e-mail, or by posting notices on the Site.
You agree that all agreements, notices, disclosures and other communications
that we provide to you electronically satisfy any legal requirement that such
communications be in writing. By communicating with Eagle, you grant
Eagle permission to use any information, suggestions, ideas, drawings or
concepts communicated for any purpose Eagle chooses, commercial, public or
otherwise, without compensation whatsoever.
Termination
If you want to terminate your
Account, you may do so by notifying Eagle by email or U.S. Mail, at any time
and requesting that your Account be closed. Termination of your Account
may result in: (1) Removal of access to the Services and Materials; (2)
Deletion of your Account and Login information and all related information,
files and materials associated with or inside your Account (or any part
thereof).
Privacy Policy
Your use of the Site is subject
to the terms of our Privacy Policy, which can be found at https://www.workerscomputation.com/Privacy.aspx.
Modifications to Site,
Services and Materials
Eagle reserves the right, in its
sole discretion, to modify, suspend or discontinue any part of the Site,
Services and Materials at any time, with or without notice to you. Eagle
also reserves the right, in its sole discretion, to impose limits on certain
features and services and to restrict access to any part or to all of the Site,
Services and Materials without notice to you. Eagle shall not be liable
to you or any third party for any claim or cause of action arising out of
Eagle’s exercise of the foregoing rights.
General Disclaimer
While
Eagle uses its best efforts to maintain the accuracy and reliability of the
Site, SERVICES AND MATERIALS, it does not warrant or represent that (i) THE SITE, services and materials will
MEET YOUR REQUIREMENTS; (ii) THE SITE, SERVICES AND MATERIALS WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS OBTAINED FROM
THE USE OF THE SITE, SERVICES AND MATERIALS WILL BE EFFECTIVE, ACCURATE, OR
RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, OR MATERIALS ACCESSIBLE
BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE
SOFTWARE OBTAINED FROM OR USED THROUGH THE SITE, OR ANY DEFECTS IN THE SITE,
ITS SERVICES, OR MATERIALS, WILL BE CORRECTED.
This site could include technical
or other mistakes, inaccuracies, or typographical errors. Eagle may make
changes to the materials and services at this site, including the prices and
descriptions of any products listed herein, at any time without notice. The
materials or services at this site may be out of date, and Eagle makes no
commitment to update such materials or services.
YOU EXPRESSLY AGREE THAT YOUR USE
OF THIS SITE, SERVICES AND MATERIALS IS AT YOUR SOLE DISCRETION AND RISK.
EAGLE DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM EAGLE
ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EAGLE SHALL NOT BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE
DAMAGES ARISING OUT OF YOUR ACCESS TO, USE OF OR INABILITY TO USE THE SITE,
SERVICES AND MATERIALS, ANY INFORMATION PROVIDED BY THE SITE, SERVICES AND
MATERIALS OR ANY TRANSACTIONS ENTERED INTO WITH INFORMATION OR SERVICES
OBTAINED THROUGH THE SITE. WITHOUT LIMITING THE FOREGOING, THE SITE,
SERVICES AND MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS,
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT
LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT. Some jurisdictions do not allow the
exclusion of certain warranties, so some of the above exclusions may not apply
to you. No information, whether oral or written, obtained by you from the
Site, Services and Materials, Eagle or its agents or employees shall create any
warranty not expressly made in these Terms of Use. Neither Eagle nor any
other party involved in creating, producing, maintaining or delivering the Site,
Services and Materials shall be liable for any damages to your computer
equipment, loss of data, viruses that may infect your computer equipment or
other property, or other harm that results from your access to or use of the
Site or your downloading of any material, information or software from the
Site.
Use of Software
Software available for use on the
Site is the copyrighted work of Eagle. Your use of the software is
governed by the terms of the end user license agreement (“License Agreement”) which
appears on your computer screen during the initial login process and is
accessible from the Application. You may use the software only in
accordance with the terms of the License Agreement. Any use, copying or
redistribution of the software is expressly prohibited by law, and may result
in severe civil and criminal penalties. Violators will be prosecuted to
the maximum extent possible.
This software is provided with
Restricted Rights. Use of the software for or on behalf of the United
States Government, its agencies and/or instrumentalities (“U.S. Government”),
is provided with Restricted Rights. Use, duplication, or disclosure by
the U.S. Government is subject to restrictions as set forth in subparagraph
(c)(1)(ii) of the Rights in Technical Data and Computer Software clause at
DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer
Software Restricted Rights at 48 CFR 52.227-19, as applicable. The
Software is licensed to U.S. Government end users (a) only as commercial items
and (b) with only those rights as are granted to all other end users pursuant
to the terms and conditions herein. Unpublished rights reserved under the
copyright laws of the United States. Manufacturer is Eagle Software
Corporation, 1700 Ridgeway Road, Dayton, OH 45419-1313, USA.
Limitation of Liability
In no event, including, without
limitation, negligence, shall Eagle, its subsidiaries, affiliates, agents,
officers, directors, employees, partners, suppliers, or authorized reseller(s)
be liable to you or to any third party for any special, punitive, incidental,
indirect, or consequential damages of any kind, or any damages whatsoever,
including, without limitation, those resulting from loss of use, data, or
profits, whether or not Eagle has been advised of the possibility of such
damages, and on any theory of liability, arising out of or in connection with
the use of or the inability to use this site, its services, and/or materials,
the statements or actions of any third party on or through the site, any
dealings with authorized reseller(s) or other third parties, any unauthorized
access to or alteration of your transmissions or data, any information that is
sent or received or not sent or received, any failure to store or loss of data,
files, or other content, any services available through the site that are
delayed or interrupted, or any web site referenced or linked to from this
Site. Some jurisdictions prohibit the exclusion or limitation of liability
for consequential or incidental damages. Accordingly, the limitations and
exclusions set forth above may not apply to you.
International Users
This Site can be accessed from
countries around the world and may contain references to Eagle products, services,
and programs that are not available in your country. These references do
not imply that Eagle intends to make available such products, services or
programs in your country. This Site is controlled and operated by
Eagle. Eagle makes no representation that the Site, Services or Materials
available through the Site are appropriate or available for use in your
location, and access to the Site from territories where the Site or any of its
services or materials is illegal is prohibited. If you choose to access
this Site you agree that you are responsible for compliance with local laws, if
and to the extent local laws are applicable.
Linked Sites
The Site, Services and Materials
may contain links to third party web sites. Eagle does not control and is
not responsible for the contents or privacy policies of any linked site or of
any link contained in a linked site. Eagle provides these links to you
only as a convenience, and the inclusion of any link does not imply endorsement
by Eagle of the site. Access to any linked site and participation in any
activity or transaction on any linked site, including promotions sponsored by
Eagle’s advertisers, are at your own risk.
Copyright Notice
All content included on this Site
including, but not limited to, text, printed materials, online documentation, graphics,
animations, logos, button icons, images, audio clips, video clips, digital
downloads, data compilations, software and other material are the property of
Eagle and are protected by U.S. and international copyright laws. You may
not copy the printed or online materials accompanying and generated by the
Software. The selection, compilation, arrangement and presentation of all
materials and the overall design of the Site, Services and Materials are the
exclusive property of Eagle, and are protected by U.S. and international
copyright laws. All rights reserved. Eagle will enforce its
intellectual property rights to the maximum extent possible. The Site may also
contain content that is owned by other parties, including Eagle’s advertisers
(“Third Party Content”). You may use the Content only as expressly
authorized by the Site and Eagle. You may use Third Party Content only as
expressly authorized by the applicable owner. Any other use of the Content
or Third Party Content without the express prior written permission of the
applicable owner is strictly prohibited. Eagle does not warrant or
represent that your use of materials displayed on or linked to the Site will
not infringe rights of third parties not owned by or affiliated with Eagle.
Trademarks
WorkersComputation.com™ and the WorkersComputation™
logo, and other Eagle graphics, logos, page headers, button icons, scripts, and
service names are trademarks and trade dress of Eagle. Eagle’s trademarks
and trade dress may not be used in connection with any product or service that
is not Eagle’s in any manner that is likely to cause confusion among customers,
or in any manner that disparages or discredits Eagle. All other brands, names,
and trademarks are property of their respective owners. You may not use
Eagle’s trademarks or third parties’ trademarks without the prior written
permission of Eagle or the applicable third party owner. Eagle will enforce
its intellectual property rights to the maximum extent possible.
Feedback
Eagle may provide you with a
mechanism to provide feedback, suggestions and ideas, if you choose, about its
software and services (“Feedback”). You agree that Eagle may, in its sole
discretion, use the Feedback you provide to Eagle in any way, including in
future modifications of the Site, Services and Materials, multimedia works
and/or advertising and promotional materials relating thereto. You hereby
grant Eagle a perpetual, worldwide, fully transferable, irrevocable,
royalty-free license to use, reproduce, modify, create derivative works from,
distribute and display the Feedback in any manner and for any purpose.
Resolution of Disputes
Except as expressly set forth
herein, these Terms of Use are a complete statement of the agreement between
you and Eagle, and set forth the entire liability of Eagle, its subsidiaries,
affiliates, agents, officers, directors, employees, partners, suppliers, or
authorized reseller(s) and your exclusive remedy with respect to your access
and use of the Site, Services and Materials. If any provision of the
Terms of Use is invalid or unenforceable under applicable law, then it shall be
changed and interpreted to accomplish the objectives of such provision to the
greatest extent possible under applicable law, and the remaining provisions
will continue in full force and effect. These Terms of Use shall be
governed by and construed in accordance with the laws of the State of Michigan, as
applied to agreements entered into and to be performed entirely within Michigan, without
regard to its choice of law or conflicts of law principles that would require
application of law of a different jurisdiction, and applicable federal
law. The parties hereby consent to the exclusive jurisdiction and venue
in the state courts in Montgomery County, Michigan or federal court for the
Southern District of Michigan. Headings are included for convenience only,
and shall not be considered in interpreting these Terms of Use. Eagle’s
failure to exercise or enforce any right or provision of these Terms of Use
shall not constitute a waiver of such right or provision unless acknowledged
and agreed to by Eagle in writing. If any of these provisions shall be
deemed invalid, void, or for any reason unenforceable, that provision shall be
deemed severable and shall not affect the validity and enforceability of any
remaining provision. The Terms of Use do not limit any rights that Eagle may
have under trade secret, copyright, patent or other laws.
Contact Us
If you have any questions about
these Terms of Use, or if you would like to request more information about WorkersComputation™, write
to us at Eagle Software Corporation, 250 Monroe Ave., Suite 400, PMB #6055, Grand Rapids, MI 49503-2293; or email us at support@eaglesoftware.com.