WCIRB Connect® for Agents and Brokers Registration – Individual Users

Licensed Casualty Agents and Brokers may register for WCIRB Connect^® by completing the form below. Registration requests will be processed as soon as possible. Based on the volume of responses, it may take up to 10 business days to complete a registration. Organizations that need 25 or more user accounts must use the WCIRB Connect® for Agencies and Brokerages (Business Entities) registration form.
Requirements for Registration

To register for WCIRB Connect, you must:
Have a valid California casualty broker – agent license.
Have an individual specific email address.
Accept the WCIRB Website Access Agreement – Casualty Brokers-Agents below.
The fields marked with an asterisk (*) in the form below are required.
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First Name (as it appears on license) *
Last Name (as it appears on license) *
Company Name *
Company Address 1 *
Company Address 2
City *
State *
Zip Code *
No spaces or dashes
Telephone *
Only enter digits, no dashes or parentheses, i.e. 5551234555
Ext.
Individual Specific Email *
California License Number *
Enter all seven digits/characters including any leading zeroes with no spaces. Registrations without a valid license number will not be processed.
Expiration Date *
Month
Day
Year
If you don’t know your expiration date, you may look it up using the California Department of Insurance website at https://www.insurance.ca.gov/0200-industry/0008-check-license-status/
I declare *
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
WCIRB Website Access Agreement – Casualty Brokers-Agents

Please read the agreement below. By clicking on the checkbox, you confirm that you have read the WCIRB Website Access Agreement — Casualty Brokers–Agents and agree to abide by all of the terms of the Agreement.
Agreement Text
This WCIRB Website Access Agreement – Casualty Brokers – Agents (“Agreement”), is entered into by the individual agreeing to the terms and conditions of this Agreement (“You” or “Your”) and the Workers’ Compensation Insurance Rating Bureau of California (“WCIRB”), each individually referred to as a “Party” and collectively as “Parties.” 

The WCIRB is a membership rating organization established under California Insurance Code Section 11750, et seq. that collects, compiles, analyzes, formats, prepares and maintains loss and expense data and statistics and other rating information from workers’ compensation insurers doing business in California. The purpose of this Agreement is to allow You access to connect.wcirb.com (“Website”) in order to obtain Content as permitted solely in the WCIRB’s discretion, in electronic format, subject to the terms and limitations of this Agreement and the Terms of Use located on the Website then in effect (“Terms of Use”). “Content” includes any and all information, data, content, functions, products, plans, forms, charts, documents, text, graphics, images, links, audio, video, scripts, software and other computer programs, and any and all other materials or works provided in or by or from the Website.

For good and valuable consideration the Parties hereby agree to the following:

1.	TERM OF AGREEMENT.

a.	The term of this Agreement (“Term”) commences upon the date You receive a User ID and temporary password from the WCIRB to access the Website (“Effective Date”) and shall continue until terminated by either Party in its sole discretion upon written notice of termination to the other Party, except as otherwise provided in subsection (b) below. Such termination may be with or without cause provided that termination without cause shall be by written notice to the other Party by the means provided in Section 12(d) of this Agreement. 

b.	Notwithstanding any contrary provision of this Agreement, the WCIRB may terminate this Agreement immediately and without prior notice if, in its sole discretion, it believes that there is a security breach or other material breach of this Agreement or the Terms of Use by You. Such termination by the WCIRB may be by written notice, by a means provided in Section 12(d) of this Agreement, or by denial of access to the Website without notice. Material breach of this Agreement includes but is not limited to:

(1)	Any unauthorized Use or disclosure or transfer of any information or other Content directly or indirectly accessed from the Website by You, Your representatives or agents or other persons acting in concert with You.

(2)	Any failure to provide the WCIRB with prompt notice of termination or suspension of Your California Casualty Broker-Agent license.

(3)	Any other material violation of Your responsibilities as set forth in this Agreement or in the Terms of Use or any series of similar immaterial violations of this Agreement or the Terms of Use as determined in the sole discretion of the WCIRB.

c.	The WCIRB will periodically review all accounts for activity. Accounts that remain inactive for a period of one year or longer may be deleted without notice in the sole discretion of the WCIRB.

2.	LIMITED GRANT OF RIGHTS. Subject to and in addition to the further limitations set forth in this Agreement, the Terms of Use and relevant statutes, rules and regulations, respectively:

a.	The WCIRB grants You a limited, revocable, non-exclusive, non-sublicensable, non-transferable and non-assignable right during the Term of the Agreement to: 

(1)	Access, display, view, download, copy, print, disclose and distribute (collectively, “Use”) any of the Content on or from the Website solely for Your internal Use in Your business of transacting workers’ compensation insurance in California (“Business Use”). 

(2)	Prepare limited excerpts or summaries of the Content on or from this Website and copy, print and internally distribute such excerpts or summaries solely for Your Business Use.

b.	You shall Use the Content accessed through the Website solely to facilitate the transaction of workers’ compensation insurance as defined by the California Insurance Code Section 11752.7, et seq.

c.	You may provide a policyholder with its own policyholder information. You may also provide Content that You access on the Website to a third party for the sole purpose of facilitating Your transaction of workers’ compensation insurance in California with respect to such third party.

3.	PROHIBITED CONDUCT. Subject to and in addition to the further limitations set forth in this Agreement, the Terms of Use and relevant statutes, rules and regulations respectively:

a.	Your access to the Website and Content is subject to Your obligation to not, directly or indirectly, do any of the following or permit or authorize any other person to do any of the following (collectively, “Prohibited Conduct”):

(1)	disclose, disseminate, distribute, publish or otherwise transmit or otherwise provide (collectively, “Disseminate”) any Content from the Website, or any access thereto, to any third parties, unless to the extent expressly required to do so by applicable law, or otherwise authorized per the terms of this Agreement;  

(2)	engage in or have others engage on Your behalf any automated retrieval of data or other Content from the Website;

(3)	permit or enable others to access the Website or Content using Your User ID or password;

(4)	modify, falsify or delete any attributions, legends, marks, notices, or any other proprietary designation of the origin or source of any material (including but not limited to any Content) on this Website; or

(5)	copy, post, publish, transmit, reproduce, disclose, modify, create derivative works of, distribute or in any manner otherwise exploit any of the Content other than as may be expressly permitted in and subject to the then terms and conditions of this Agreement.

b.	If You become aware of any unauthorized Use of the Content or any attempt to defeat any technical measures put in place to ensure the security of the Website, You shall promptly provide the WCIRB with written notice, identifying the nature of the security breach and all persons or entities involved in the security breach or attempted security breach.

c.	Notwithstanding any contrary provision hereof, the Use of the Content for any purpose not expressly permitted by this Agreement or the Terms of Use is strictly prohibited. The limited and revocable rights to Use the Content granted to You in Section 2 of this Agreement (but not Your obligations hereunder) further shall terminate automatically, without notice to You, if You breach any of the foregoing terms and conditions or the terms and conditions of the Terms of Use.

4.	STATUS. You agree, represent and warrant to the WCIRB that:

a.	You are licensed as a California Casualty Broker-Agent with the authority to transact workers’ compensation insurance in California.

b.	Some Content contains highly confidential and sensitive information and, therefore, requires proof of authorization by the policyholder before it can be accessed (“Authorized Content”). Before accessing Authorized Content, You agree that You are either:

(1)	The Broker of Record for the policyholder whose Authorized Content You are accessing; or 

(2)	Not the Broker of Record for the policyholder whose Authorized Content You are accessing, but You have requested the WCIRB obtain authorization from the policyholder for You to access Authorized Content.

c.	You agree to provide, in the manner required by the WCIRB, any documentation the WCIRB determines is necessary to prove that You are authorized to access Authorized Content, prior to accessing the Authorized Content. You also agree to retain a copy of the required documentation for at least thirty (30) days from the date of access. You also agree to cooperate with any WCIRB audit within five (5) days of any request by the WCIRB. Failure to obtain or retain such documentation or to submit to the WCIRB’s audit request may result in referral to the California Insurance Commissioner for appropriate action, termination of this Agreement and denial of access to the Website.

5.	CONFIDENTIAL INFORMATION. In addition to the other confidentiality and nondisclosure obligations imposed by this Agreement and the Terms of Use, You shall keep any confidential or proprietary business information of the WCIRB or other persons (collectively, “Confidential Information”) that You have access to through the Website confidential with at least the same care and diligence that You use with respect to Your own Confidential Information. You shall not, directly or through any person, disclose, Disseminate, distribute, publish or otherwise transmit any of such Confidential Information to any third party, without the prior written approval of the WCIRB and (if applicable) the owner of such Confidential Information. If You are required by law to disclose Confidential Information, You shall notify the WCIRB in writing prior to the disclosure in sufficient time to allow the WCIRB an opportunity to contest the disclosure.

6.	TERMS OF USE. 

a.	YOU SHALL COMPLY WITH AND ABIDE BY THE TERMS OF USE FOR THE WEBSITE, WHICH ARE INCORPORATED BY REFERENCE INTO THIS AGREEMENT, AS SUCH TERMS ARE MODIFIED OR UPDATED FROM TIME TO TIME. THE WCIRB RESERVES THE RIGHT TO UNILATERALLY AND IN ITS SOLE DISCRETION CHANGE, AMEND, MODIFY, ADD TO, ALTER, UPDATE OR REMOVE (COLLECTIVELY “MODIFY OR UPDATE”) ANY PART OF THE TERMS OF USE AT ANY TIME OR FROM TIME TO TIME, AND, UNLESS OTHERWISE SPECIFIED, SUCH MODIFICATIONS AND UPDATES SHALL BE EFFECTIVE WHEN POSTED ON THE WEBSITE. YOU ARE OBLIGATED TO REVIEW THE TERMS OF USE FROM TIME TO TIME AND YOUR USE OF THE WEBSITE AFTER THE DATE OF ANY CHANGE IN THE TERMS OF USE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THE TERMS OF USE.

b.	ALL TERMS AND CONDITIONS IN THE TERMS OF USE THEN IN EFFECT, INCLUDING BUT NOT LIMITED TO ALL DISCLAIMERS, LIMITATIONS OF LIABILITY AND WARRANTY, IMMUNITIES AND INDEMNIFICATION OBLIGATIONS, SHALL BE BINDING ON YOU AND SHALL BE APPLICABLE AS TERMS AND CONDITIONS OF THIS AGREEMENT. YOU SHOULD CAREFULLY REVIEW THE TERMS OF USE WITH RESPECT TO SUCH BINDING PROVISIONS.

c.	In the event of any conflict between this Agreement and the Terms of Use, the Terms of Use shall be controlling; provided however that in the event the rights granted to You by this Agreement are more limited in scope or effect than the rights granted generally under the Terms of Use, the more limited grant of rights to You under this Agreement shall be controlling.

7.	INDEMNIFICATION.
You agree to fully indemnify and hold harmless and defend (the foregoing collectively, “indemnify” or “indemnification” or any variation thereof for all purposes of these terms) each and all of the WCIRB, its affiliates, the members of WCIRB committees in their capacity as committee members, and its or their respective directors, officers, managers, employees, agents and representatives (collectively, “WCIRB indemnitees”) from and against any and all losses, liabilities, obligations, claims, demands, actions, suits, costs, expenses, damages, judgments or awards of any kind or nature whatsoever (including but not limited to reasonable attorneys’ fees and other reasonable expenses associated with litigation or other proceedings, and any costs incurred pursuing indemnification claims hereunder), whether actual or threatened and whether or not involving a third-party claim, which arises out of or relates to or is connected in any manner with (i) any breach of this Agreement by You or Your representatives or agents or other persons acting in concert with You; (ii) any access to or use of any of the Content by any third party to which You directly or through intermediaries disclose or transfer or distribute or otherwise provide any part of the Content; (iii) without limiting the foregoing, the release or other disclosure of any experience rating information by You or Your representatives or agents or other persons acting in concert with You, directly or through intermediaries, to any third person; (iv) any other unauthorized use of the Website or any of the Content, or (v) any violation of applicable law, or any one or more of the foregoing (collectively, “claims”); in each case whether or not caused by the passive or active negligence of the WCIRB or any WCIRB indemnitee. Notwithstanding the preceding sentence, You shall not be required to indemnify the WCIRB for claims to the extent resulting from the willful misconduct of the WCIRB. This indemnification also includes but is not limited to expenses incurred in settlement of claims, or actions or suits or judgments or awards arising out of claims.

8.	TRADEMARKS.
You acknowledge and agree that the WCIRB owns all rights, title, goodwill and interest in and to the Trademarks. “Trademarks” means all trademarks, service marks, trade names, trade dresses, logos, corporate names, and other sources or business identifiers now existing or hereafter acquired by the WCIRB and all related registrations and records, including but not limited to the following trademarks: Workers’ Compensation Insurance Rating Bureau of California, WCIRB, WCIRB California, WCIRB Connect, WCIRB Inquiry, X-Mod Direct, and eSCAD. Any other marks used in or on the Website belong to third-party trademark owners. Except as permitted by applicable laws or as otherwise expressly provided under this Agreement, You are prohibited from using any of the Trademarks or any other marks appearing in or on the Website without the express written consent of the WCIRB or from the third-party trademark owners, respectively, which may be withheld in their sole discretion. Nothing in this Agreement assigns or grants You any ownership or rights in or to the Trademarks.

9.	NOTICE OF CHANGES. You shall inform the WCIRB of any changes to Your current business address, telephone number, and email address within thirty (30) days of making any such changes.

10.	OWNERSHIP. You acknowledge and agree that the Content provided under this Agreement is the property of the WCIRB and/or its licensors, and nothing in this Agreement is intended to confer upon You any rights of ownership in the Content or Website. 

11.	IN GENERAL

a.	Entire Agreement. This Agreement including the Terms of Use and any attachments and exhibits hereto contains the sole and entire agreement between the Parties relating to the subject matter hereof and fully supersedes all prior and other contemporaneous agreements, understandings, representations and warranties between the WCIRB and You with respect thereto (whether oral or written or express or implied), provided that any confidential or proprietary information under any prior nondisclosure or other agreement between the Parties shall be deemed part of the “Confidential Information” under this Agreement.

b.	Amendment of Agreement. This Agreement, except for nonmaterial revisions by the WCIRB, may be modified or amended only by a writing signed by the Parties, provided however that the foregoing shall be subject to the express rights of the WCIRB otherwise set forth hereunder or under the Terms of Use to unilaterally Modify or Update terms and conditions, provided further, however, that such unilateral amendment by the WCIRB shall apply to any dispute arising prior to the date of such amendment under this subsection (b).

c.	Survival. The respective rights of the WCIRB and Your obligations set forth in Section 1 hereof (Term of Agreement), Section 3 hereof (Prohibited Conduct), Sections 4 through 8 hereof (Status, System Administrators, Confidential Information, Terms of Use, Indemnification and Trademarks), Section 10 hereof (Ownership) and this Section 11, and any and all claims and causes of action in existence as of the date of termination, each shall survive and not terminate in the event of the termination of this Agreement or the Terms of Use and shall continue in full force and effect. 

d.	Notices. Unless otherwise provided in this Agreement, any notice, request, instruction, or other document to be given hereunder by either Party to the other Party shall be in writing and delivered by email, overnight courier or certified or registered mail to the addresses set forth below. Any such notice or communication required or permitted under this Agreement shall be deemed received (i) on the date personally delivered, sent by email, (ii) the next day after sending if sent by next-day carrier service, or (iii) the third day after mailing via first class mail, postage prepaid, to a Party at the address specified below:

If to the WCIRB:

	1901 Harrison, 17th Floor
	Oakland, CA 94612
	Attention: Kristen Marsh, Senior Vice President, Chief Legal Officer
	Email: contracts@wcirb.com
	Phone: 415.778.7093

	If to You:

	The address that was provided at registration. 

Any Party may change its address for purposes of Notice by giving the other Party written notice of the new address in the manner set forth above, but no such notice of change is effective until receipt thereof is acknowledged by the Party receiving the change of Notice. You agree to cooperate and execute any amendment to this Agreement, to reflect changes to any address for purposes of Notice, as may be required by the WCIRB from time to time.


e.	Arbitration. Except for any claim primarily arising out of or relating to the ownership, scope, validity, enforcement or infringement of any intellectual property rights of the WCIRB (collectively, “Rights Claims” which shall be subject to litigation pursuant to subsection (f) below), any dispute arising from or relating to or in connection with this Agreement or the subject matter hereof, including the Terms of Use, shall be subject to binding arbitration by a single arbitrator, in accordance with the current prevailing commercial dispute rules of JAMS (www.jamsadr.com) as modified and supplemented by procedures of this Section. The arbitrator shall have the authority to grant injunctive relief and specific performance to enforce the terms of this Agreement including the Terms of Use. Judgment on any award rendered by the arbitrator may be entered in any court of competent jurisdiction. Notwithstanding any contrary provision of this Agreement (including the Terms of Use), any arbitration shall be conducted and resolved solely on an individual basis and not a class-wide, multiple plaintiff, or similar basis. No Party or other person shall have any right or authority to arbitrate any matters or claims on a class action basis, and no arbitration shall be consolidated with any other arbitration proceeding involving any other person.

f.	Governing Law and Jurisdiction. This Agreement including the Terms of Use and all matters arising out of or relating to or in connection with this Agreement shall be governed by the laws of the State of California, United States of America, without reference to conflicts of law principles. Subject to the foregoing subsection (e) regarding arbitration, any and all suits and other proceedings under this Agreement (including any suit or proceeding in the case of any and all Rights Claims) must be brought in the Superior Court of the State of California in San Francisco or Alameda County or the United States District Court for the Northern District of California, and each of the Parties acknowledges and agrees that such courts shall have exclusive jurisdiction and venue over all disputes arising out of or relating to or in connection with this Agreement. Either Party also may seek injunctive or other equitable relief for breach of this Agreement in any court of competent jurisdiction wherever located. 

g.	Attorneys’ Fees. If any legal action or proceeding or arbitration, including an action for arbitration or injunctive relief, is brought relating to or in connection with this Agreement or the subject matter hereof, the prevailing Party in any final judgment or arbitration award, or the non-dismissing Party in the event of a voluntary dismissal by the Party instituting the action, shall be entitled to the full amount of all reasonable expenses, including but not limited to all court costs, arbitration fees and actual attorneys’ fees paid or incurred in good faith.

h.	Assignment. Without limiting and in addition to the other restrictions set forth in this Agreement, You shall not assign, transfer, delegate, sublicense or otherwise dispose of, whether voluntarily or involuntarily, by merger or consolidation or reorganization or operation of law or otherwise (collectively, “Transfer”), this Agreement or any of its rights or obligations under this Agreement, without the prior written consent of the WCIRB, which consent may be withheld in its sole and absolute discretion. As used herein, the term “Transfer” shall include any material change in Your ownership or control. Any purported Transfer by You, except as expressly permitted herein, shall be null and void and shall be deemed a material breach of this Agreement. The WCIRB shall have the right and power to Transfer this Agreement or any rights or obligations hereunder to any other person or entity in its sole discretion. Subject to the foregoing, this Agreement shall be binding upon and shall inure to the benefit of the Parties and their respective successors and permitted assigns.

i.	Severability. If any provision of this Agreement, or the application thereof to any person, place or circumstance, shall be held by a court of competent jurisdiction or a final arbitration award to be invalid, void or otherwise unenforceable, the remainder of this Agreement and such provision as applied to other persons, places and circumstances shall remain in full force and effect. In such event the Parties further agree to amend and replace any invalid or unenforceable or void provision with a valid and legal and enforceable provision which most closely approximates the intent and economic effect of the invalid or unenforceable or void provision.

j.	Waiver. No waiver of this Agreement is effective unless in writing and signed by the Party against whom the waiver is being asserted. The waiver of any breach of this Agreement shall not constitute a waiver or any other or subsequent breach. 

k.	No Agency. The Parties are independent contractors. Nothing contained herein shall be construed as creating any agency, partnership, or other form of joint enterprise between the Parties. No Party has the right or power or authority to act as an agent for the other Party or enter into any agreement or other obligation for or otherwise bind the other Party.

l.	No Third Party Beneficiaries. Nothing in this Agreement will be construed as giving any person, other than the Parties and their permitted successors and assigns, any right, remedy or claim under or in respect of this Agreement, other than in the case of any indemnified person with respect to such indemnification as defined in this Agreement or the Terms of Use.

m.	Interpretation. When the context requires herein, the plural shall include the singular and the plural and any gender shall include any other gender. Section headings are only for the convenience of the Parties and are not part of this Agreement. No provision of this Agreement shall be construed against a Party because the Party or its representative was the drafter thereof. All references to “including” or “includes” or any variation thereof shall be deemed to include the terms “without limitation”.

n.	Further Assurances. The Parties each shall execute such documents and consents and take such other action as may be necessary to effectuate the terms of this Agreement, to the extent not otherwise prohibited by applicable law.
I Agree *
I have read and agree to the terms of the above WCIRB Website Access Agreement — Casualty Brokers–Agents. I understand my agreement to the terms above creates a legal binding contract.
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WCIRB Connect® for Agents and Brokers Registration – Individual Users

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WCIRB Connect® for Agents and Brokers Registration – Individual Users

Requirements for Registration

WCIRB Website Access Agreement – Casualty Brokers-Agents
