TERMS OF SERVICE AND CONDITIONS OF USE

Thank you for visiting the Pennsylvania Compensation Rating Bureau and Delaware Compensation Rating Bureau, Inc. (PCRB/DCRB) website. The website is offered as an informational service. PCRB/DCRB wants each visitor to the website to have a safe, pleasurable and informative visit, and we have established the following Terms of Service and Conditions of Use ("Agreement") so that we (each) know what to expect from each other. In using this website, you agree to be bound by the terms set forth herein. PCRB/DCRB may make changes to the website, this Agreement or our Privacy Policy which govern the use of the website at any time.

       PCRB/DCRB encourages you to review the website, this Agreement and the Privacy Policy periodically for updates or changes. Your continued access or use of this website shall be deemed your acceptance of these changes and the reasonableness of these standards for notice of changes.

1.     No Solicitation. Except as specifically set forth herein, the information provided or discussed on this website or in e-mail communications with PCRB/DCRB does not constitute an offer to sell or a solicitation to buy any security, insurance product or other product or service. No security, insurance product or other product or service is offered or will be sold in any jurisdiction in which such offer or solicitation, purchase or sale would be unlawful under the securities, insurance or other laws of such jurisdiction. Some products and services may not be available in all jurisdictions.

2.     Disclaimer. This web site contains an extensive variety of data collected and maintained by the PCRB/DCRB. While PCRB/DCRB uses reasonable efforts to include accurate and up to date information on this website, errors or omissions sometimes occur. You are advised that reference to and use of any information published on this website is undertaken at your own risk. Incorrect searches, sorts or related functions on this website will result in incorrect and/or invalid results. Values shown in the website applications may materially differ from actual information in some cases. You are strongly encouraged to verify information obtained on this website through other independent sources.

THIS WEBSITE AND ITS CONTENT ARE PROVIDED "AS IS". PCRB/DCRB MAKES NO REPRESENTATIONS AS TO THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT OF THIS WEBSITE. PCRB/DCRB DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PCRB/DCRB DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE OR MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

3.     Permitted Use. Except for public domain materials, this website is protected by intellectual property laws, including U.S. copyright laws. You expressly acknowledge and agree that the content accessible within the website is the proprietary information of the PCRB/DCRB and its content providers, and PCRB/DCRB and its content providers retain all right, title, and interest in the Content. You have a nonexclusive, nontransferable, limited, revocable right to use the website solely for your informational use. You will not use the website for any other purpose without our express prior written consent.

You are granted a limited license to print copies of any content posted at the website, but only for your informational use. Except as expressly provided, all rights are reserved. Among other things, except to the extent required for the limited purpose of reviewing material on our website, electronic reproduction, adaptation, distribution, performance or display is prohibited. Changes to author attribution or copyright notices are prohibited. Use of any of our trademarks as meta tags on any other website is also strictly prohibited. You may not display the website or portions thereof in things (framing) without our express written permission. You may, however, establish ordinary non-commercial links to our website without our written permission. You agree to cooperate with us to cause all unauthorized co-branding, framing or linking to immediately cease.

4.     Operating Policies. You agree to comply with the operating policies set forth, which are the rules that govern user activity in connection with the website as they are amended from time to time. These operating policies govern your conduct on the website. Violations of the operating policies or other provisions of this agreement may also result in termination or suspension of your access to the website or under certain circumstances, legal action against you.

Users are responsible for their own use of the website. You may not, under any circumstances, do any of the following:

i intercept or attempt to intercept email or other private communications not intended for you;
ii upload files that contain a virus or corrupted data;
iii use the website in a manner that adversely affects the availability of its resources to other website users;
iv act, or fail to act, in your use of the website, in a manner that is contrary to applicable law or regulation. 

Your failure to observe any of the foregoing limitations or obligations may result in civil or criminal liability.

5.     Acceptance Procedure. By accessing materials on the website, you agree with all terms and conditions of this Agreement. PCRB/DCRB reserves the right, at our sole discretion, to change this Agreement and our Privacy Policy from time to time, and your access to the website will be deemed to be your acceptance of this Agreement and Privacy Policy, and any changed Terms of Service and Conditions of Use.

6.     Privacy Policies. We consider our users' privacy to be of utmost importance. Please see our Privacy Policy for a detailed description of our information gathering and dissemination practices for the website.

7.     Operation. PCRB/DCRB reserves complete and sole discretion with respect to the operation of the website. We also reserve the right to withdraw, suspend or discontinue any functionality or feature of the website at any time.

8.     Content. If and when the website adds such functionality, e-mail, message boards, forums or statements made in e-mail, message boards, or forums reflect only the views of their authors. Although PCRB/DCRB makes every effort to ensure the correctness of data, we disclaim responsibility for any errors or omission, such as unintended inaccuracies or typographical errors, in the materials. You also understand that we cannot and do not guarantee or warrant that files available for downloading will be free of viruses, worms, Trojan horses or other code that contain contaminating or destructive properties.

PCRB/DCRB does not endorse the content, products or any third-party websites, and we are not responsible for the content of third-party sites, sites or material framed within our website and do not make any representations regarding their content or accuracy. Your use of the website is at your own risk, and subject to this Agreement.

9.     Links. We may provide links from our website as a convenience to our users. PCRB/DCRB has no control over link sites, and make no representations about any content or material available at these locations. Links are not intended to imply sponsorship, affiliation or endorsement. PCRB/DCRB disclaims all liability with regard to your access to such links.

10.    INDEMNIFICATION. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS PCRB/DCRB, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS AND SUPPLIERS FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEY'S FEES RESULTING FROM ANY VIOLATION OF THIS AGREEMENT, OR ANY ACTIVITY RELATED TO THE SITE (INCLUDING INFRINGEMENT OF THIRD PARTIES, INTELLECTUAL PROPERTY RIGHTS OR NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING THE WEBSITE.

11.    WAIVER, RELEASE AND LIMITATION OF LIABILITY. YOU AGREE THAT PCRB/DCRB, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS SHALL HAVE NO LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR USE OF THE WEBSITE. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST PCRB/DCRB, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND INFORMATION PROVIDERS OR SUPPLIERS (INCLUDING, BUT NOT LIMITED TO, CLAIMS BASED ON THE NEGLIGENCE OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS) FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THE WEBSITE. PCRB/DCRB, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS SHALL HAVE NO LIABILITY FOR ANY AND ALL DAMAGES, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE ARISING FROM ANY USE OF THE INFORMATION OR OTHER SERVICES PROVIDED BY PCRB/DCRB, EVEN IF PCRB/DCRB OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12.    Third Party's Rights. The provisions in the Indemnification (¶ 10) and Waiver, Release and Limitation of Liability (¶ 11) paragraphs are for the benefit of PCRB/DCRB and its officers, directors, employees, agents, licensors or suppliers and information providers. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

13.    Termination. PCRB/DCRB may terminate your right to use the website at any time, with or without cause. The Permitted Use (¶ 3), Indemnification (¶ 10), Waiver, Release and Limitation of Liability (¶ 11) Third Party's Rights (¶ 12) and Miscellaneous (¶ 14) paragraphs shall survive any termination of this Agreement. This Agreement shall commence upon your access of the website.

14.    Miscellaneous. This Agreement shall be governed by and construed in accordance with the laws of the State of Pennsylvania. Any cause of action or claim you may have with respect to the website must be commenced within one (1) year after the claim or cause of action arises. In the event of a dispute, the parties agree to meet and confer. If such dispute is not resolved, then the parties shall move to binding arbitration which shall be governed by the American Arbitration Association and shall be brought in Philadelphia, Pa. Judgment on the arbitration award may be entered by any court of competent jurisdiction. PCRB/DCRB's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. PCRB/DCRB may assign its rights and duties under this Agreement to any party at any time without notice to you.

15.    Complete Agreement. Except as expressly provided herein, these terms and conditions constitute the entire agreement between you and PCRB/DCRB with respect to the use of the website and content. Your use of the website is also subject to PCRB/DCRB's Privacy Policy. The provisions of this Agreement are severable and in the event any provision hereof is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity and enforceability of the remaining provisions hereof.

16.    Notice. We may deliver notice to you under this Agreement by means of electronic mail, general notice on the website, or by written communication delivered by first-class U.S. mail to your address on record in our account information. You may give notice to PCRB/DCRB at any time via electronic mail to jmurphy@pcrb.com or jmurphy@dcrb.com or by letter delivered by first-class postage-paid U.S. or overnight courier to the following address:

John Murphy
Vice President of Information Technology
Pennsylvania Compensation Rating Bureau
United Plaza Building - Suite 1500
30 South 17th Street
Philadelphia, PA 19103-4007
215-568-2371

Thank you for your cooperation. We hope you find this website informative and convenient to use.

Copyright 2002 PCRB/DCRB© All Rights Reserved.