Terms of Use

These Terms of Use, together with any documents that they expressly incorporate by reference (as modified, the “Terms”), govern your right to access and use the following websites operated by CERIS Inc. and its associated companies and subsidiaries (“CERIS,” “we,” “our,” or “us”):

• https://www.corvel.com/
• https://www.ceris.com/
• https://www.symbeo.com/
• ppolookup.corvel.com/

which include the content, functionality, services offered on or through these websites (as modified, “Sites”) and the various other related services, premium and other features, functions, software, applications and websites arising from the use of the Sites (collectively, the “Services”).

All defined terms not defined in these Terms shall have the meaning given to them in the Privacy Policy (defined below) or any document or form provided by CERIS to you. These Terms are a legally binding contract between you and CERIS regarding your access and use of the Sites and the Services.

PLEASE READ THE FOLLOWING TERMS CAREFULLY

BY ACCESSING OR USING THE SITES OR ANY OF THE OTHER SERVICES OR OTHERWISE SIGNIFYING YOUR ACCEPTANCE OF THESE TERMS, YOU REPRESENT AND WARRANT THAT (A) YOU ARE AUTHORIZED TO ENTER THESE TERMS, AND ARE DOING SO (FOR YOURSELF), (B) YOU CAN LEGALLY ENTER INTO THESE TERMS, (C) YOU HAVE READ AND UNDERSTAND AND AGREE THAT YOU SHALL BE BOUND BY THESE TERMS AND CERIS’s PRIVACY POLICY (https://www.CERIS.COM/privacy-POLICY) (THE “PRIVACY POLICY”) AND ALL MODIFICATIONS AND ADDITIONS PROVIDED FOR, AND (D) YOU AGREE TO ACCESS THE INFORMATION PROVIDED THROUGH THE SITES IN COMPLIANCE WITH ANY APPLICABLE LAWS. IF YOU DO NOT AGREE TO THESE TERMS OR THE PRIVACY POLICY, YOU ARE NOT AUTHORIZED TO ACCESS AND USE THE SITES OR THE SERVICES.

Arbitration Notice.  These Terms contain a binding arbitration agreement including a waiver of any right to participate in a class action lawsuit or class-wide arbitration.  Please see the “Arbitration and Class Action Waiver” section below for additional details.

These Terms, all other terms and conditions or documents incorporated by reference herein, including, but not limited to, the Privacy Policy,  are a legally binding contract between you and CERIS regarding your access to and use of the Services.

1.  Changes to the Terms

We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Sites thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and in Dispute Resolution will not apply to any disputes for which the parties have actual notice before the date the change is posted.

You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

2.  Permitted and Non-Permitted Uses of the Sites

You may use the Sites only for lawful purposes and in accordance with these Terms. You agree not to use our Sites:

• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Sites, or which, as determined by us, may harm CERIS, its users and customers, or expose any of the same to liability.
• To violate (or help or encourage others to violate) these Terms or our other policies.

Additionally, you agree not to:

• Decipher, decompile, disassemble, reverse engineer, modify, translate, or otherwise attempt to derive source code, algorithms, tags, specifications, architectures, structures or other elements of the Sites or any of the other Services, in whole or in part (except to the extent that the laws of your jurisdiction make such restrictions unenforceable);
• Access or use the Sites or any of the other Services for the benefit of anyone other than you or an authorized representative except in accordance with these Terms, including selling, renting, reselling or distributing, in whole or in part, the Sites or any of the other Services;
• Copy, disclose, or distribute any data or other information available through the Sites or any of the other Services and/or information, in any medium, including without limitation on the Sites, by any automated or non-automated “scraping”;
• Interfere with, circumvent or disable any security or other technological features or measures of the Sites or any of the other Services or attempt to gain unauthorized access to the Sites or any of the other Services or its related systems or networks;
• Use bots or other automated methods to access the Sites or any of the other Services, download any information, send or redirect messages or perform any other activities through the Sites or any of the other Services;
• Take any action that CERIS determines, in its sole discretion, imposes or may impose, an unreasonable or disproportionately large load on its infrastructure;
• Upload invalid data, viruses, worms or other software agents through the Sites or any of the other Services;
• Collect, harvest or derive any personally identifiable information, including names, email addresses from the Sites and/or any of the other Services except as may be expressly contemplated by these Terms and the Privacy Policy;
• Impersonate any person or entity, use a fictitious name, or misrepresent your affiliation with a person or entity;
• Use the Sites or any of the other Services for any unlawful or inappropriate activities, including to circumvent CERIS, by building a competitive product or otherwise by providing app or device related services that are in competition with CERIS; or
• Use any of the Services for any commercial solicitation purposes except as authorized by these Terms, including sending commercial electronic messages.
• Use the Sites in any manner that could disable, overburden, damage, or impair the Sites or interfere with any other party’s use of the Sites.
• Use any device, software, or routine that interferes with the proper working of the Sites.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Sites, the server on which the Sites are stored, or any server, computer, or database connected to the Sites.
• Attack the Sites via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Sites.

3.  Intellectual Property Rights

1. Content and Marks. You acknowledge and agree that: (i) the content on the Services, including without limitation, the text, descriptions, software, applications, source code, object code, graphics, photos, sounds, videos, interactive features, and services (collectively, the “Materials”), and (ii) the trademarks, service marks and logos contained therein (“Marks,” together with the Materials, the “Content”), are the property of CERIS and/or its third-party licensors and may be protected by applicable copyright or other intellectual property laws and treaties.  “CERIS”, the CERIS logo, and other marks are Marks of CERIS or its affiliates.  All other trademarks, service marks, and logos used on the Sites are the trademarks, service marks, or logos of their respective owners.  We reserve all rights not expressly granted in and to the Content.
2. Ownership. You acknowledge and agree that all right, title and interest in the Services and Content and all intellectual property rights evidenced by, embodied in and/or related to the Services and Content, including any copyrights, patents and trade secrets, are and shall remain the exclusive property of CERIS and/or its third-party licensors. CERIS shall also own all right, title and interest in any anonymous performance results generated under or by the Services. We reserve all rights not expressly granted hereunder in and to the Services.
3. Use of Content. The Content is provided to you for your use only in connection with the Services, and may not be used, modified, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes, except to the extent expressly permitted by CERIS.  If you download or print a copy of the Content you must retain all copyright and other proprietary notices contained therein. You shall not make any changes to any of the promotional or other marketing materials provided by CERIS without CERIS’s prior written approval.
4. Limited License. Subject to your compliance with the Terms, we grant you a non-exclusive limited non-transferable, non-sublicensable, revocable license to access and use of the Content for your own personal use. Except for this limited license, CERIS does not convey any interest in or to the Content, and the limited license does not constitute the sale or the transfer of ownership rights to any underlying software program.  All rights not expressly granted herein are reserved by CERIS, its affiliates, and their licensors.

4.  Monitoring and Enforcement; Termination

We have the right to:

• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Sites.
• Terminate or suspend your access to all or part of the Sites for any reason, including for any violation of these Terms.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone submitting information through the Sites.

5.  Reliance on Information Posted

The information presented on or through the Sites is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other user of the Sites, or by anyone who may be informed of any of its contents.

We are not responsible, or liable to you or any third party, for the content or accuracy of any materials or information provided by any third parties.

6.  Changes to the Sites

We may update the Sites or its content from time to time, but its content is not necessarily complete or up-to-date. Any of the material available through the Sites may be out of date at any given time, and we are under no obligation to update such material.

7.  Service Limitations

We shall make reasonable efforts to keep the Sites operational. However, certain technical difficulties, maintenance or testing, or updates required to reflect changes in relevant laws and regulatory requirements, may, from time to time, result in temporary interruptions. We reserve the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Sites, with advance notice where possible, all without liability to you, except where prohibited by law, for any interruption, modification, or discontinuation of the Sites or any function or feature thereof. You understand, agree, and accept that CERIS will make reasonable efforts, although it has no obligation to maintain, support, upgrade, or update the Sites, or to provide all or any specific content through the Sites.

8.  Third Party Services

CERIS may provide content of third parties (“Third Party Content”), or links to third party sites (“Third Party Sites”), as a service to those interested in this information.  CERIS does not monitor, approve or have any control over any Third Party Content or the Third Party Sites and the inclusion of links to Third Party Content or Third Party Sites does not imply any association or relationship between CERIS and such third party.  CERIS does not guarantee, endorse or adopt the accuracy or completeness of any Third Party Content or any Third Party Site and makes no representations or warranties regarding any such third party website, app, or service.  If you choose to click on any link to or plug-in of a third-party website, app or service, you understand that you are connecting directly to the third-party website, app or service and will be subject to any terms of use, policies and privacy practices of such third party.

9.  Disclaimer of Warranties

YOUR USE OF THE SITES, ITS CONTENT, AND ANY OF THE OTHER SERVICES OR ITEMS OBTAINED THROUGH THE SITES IS AT YOUR OWN RISK. THE SITES, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER CERIS NOR ANY PERSON ASSOCIATED WITH CERIS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITES. WITHOUT LIMITING THE FOREGOING, NEITHER CERIS NOR ANYONE ASSOCIATED WITH CERIS REPRESENTS OR WARRANTS THAT THE SITES, ITS CONTENT, OR ITEMS OBTAINED THROUGH THE SITES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY COMMUNICATIONS OR INFORMATION OBTAINED THROUGH THE SITES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, CERIS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, SATISFACTORY QUALITY, TITLE AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. IF YOU ARE A CONSUMER, ANY STATUTORY RIGHTS THAT CANNOT BE WAIVED BY YOU ARE UNAFFECTED BY THIS SECTION.

10.  Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL CERIS, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITES, ANY SITES LINKED TO IT, ANY CONTENT ON THE SITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

11.  Indemnification

You agree to defend, indemnify, and hold harmless CERIS, its affiliates, licensors, and service providers, and its respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to (a) your misuses of the Sites, (b) your violation of these Terms, including, but not limited to, any use of the Sites’ content, services, and products other than as expressly authorized in these Terms, (c) your violation of any law or the rights of a third party (including, without limitation, any copyright, property, or privacy right), and (d) your use of any information obtained from the Sites.

12.  Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law rules. For any action where the Arbitration Agreement permits the parties to litigate in court, you further expressly consent and agree to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction located in Orange County, California.

13.  Binding Arbitration and Class Action Waiver

Please read this section carefully.  It may significantly affect your legal rights, including the right to file a lawsuit in Court and to have a jury hear your claims.  It contains procedures for Mandatory Binding Arbitration and a waiver of the right to a trial by jury and the waiver to participate in any class action or representative proceeding.  To the fullest extent permitted by law, you and CERIS agree to arbitrate any controversy, claim or dispute arising out of or in any way related to your use of the Sites and these Terms, including but not limited to claims based on contract, tort, negligence, statutory or regulatory provisions.

Informal Resolution of Disputes: In the event of any dispute, controversy or claim arising from or relating to this Agreement (“Claim”), the parties agree that before taking any formal action to initiate arbitration, they will contact the other in an attempt to resolve the Claim.  You can contact us at Corporate_Legal@corvel.com and provide a written description of your Claim and your contact information.  If the parties are not able to resolve the Claim within thirty (30) days of the date when one party first notifies the other of the Claim or such other time agreed to by the parties, any party desiring to pursue that Claim must do so exclusively pursuant to the arbitration provision set forth below.

What is Arbitration:  Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly.  Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can.  If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.

Agreement to Arbitrate:  You and CERIS expressly agree to arbitrate any controversy, claim or dispute arising out of or in any way related to your use of the Sites or these Terms.  This agreement to arbitrate also applies to threshold arbitrability issues, including issues related to whether this agreement to arbitrate is unconscionable or illusory and any defense to arbitration.  You also agree that any arbitration may only be brought in your and our individual capacities, not as a class, purported class or representative action. The arbitrator may not consolidate more than one individual or entity’s claims, and may not otherwise preside over any form of a representative or class proceeding.

The mutual promise by you and CERIS to arbitrate any and all disputes, and to do so on an individual basis, rather than to litigate before the courts or other bodies, provides the mutual consideration for this agreement to arbitrate.

Class Action Waiver:  You may only resolve your disputes with CERIS on an individual basis, and may not bring a claim as a plaintiff or a class member in any purported class, consolidated, or representative action.  Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.  Further, unless both you and CERIS otherwise agree, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

Jury Trial Waiver:  Each party is giving up its right to sue in court and to have any controversy, claim or dispute heard by a judge or jury. 

Procedures to Initiate Arbitration:  Either party may exercise the right to arbitrate by providing the other party with written notice of any and all claims forming the basis of such right in sufficient detail to inform the other party of the substance of such claims.  In no event shall the request for arbitration be made after the date when institution of legal or equitable proceedings based on such claims would be barred by the applicable statute of limitations.

Unless you and CERIS otherwise agree, the arbitration will be conducted in the county where you reside by a single neutral arbitrator and in accordance with the then current rules for resolution of disputes of the American Arbitration Association (AAA) (available online at www.adr.org). The parties are entitled to representation by an attorney or other representative of their choosing.  The parties agree to abide by and perform any award rendered by the arbitrator.  The arbitrator shall issue the award in writing and therein state the essential findings and conclusions on which the award is based.  Judgment on the award may be entered in any court having jurisdiction thereof.

Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules.  However, if your arbitration case filing fee exceeds the filing fee you would pay to file the action in a court of law, CERIS will pay the amount of your case filing fee in excess of the filing fee you would pay in a court of law.  The amount we pay may be reimbursed in whole or in part by decision of the arbitrator if the arbitrator determines the claims are frivolous.  Likewise, CERIS will not seek attorneys’ fees and costs from you in arbitration unless the arbitrator determines the claims are frivolous.

Opt-Out of Agreement to Arbitrate:  You can decline this agreement to arbitrate by emailing CERIS at Corporate_Legal@corvel.com and providing the following information:  (1) your name, (2) your address, (3) your phone number, (4) your email address, and (5) a clear statement that you do not agree to this arbitration provision, signed by you.  This procedure is the only way you can opt out of this arbitration provision, and failure to comply strictly with this procedure and the applicable deadline automatically will render the opt-out notice null and void.  If you opt out of the arbitration provision, all other parts of these Terms will continue to apply.

This opt-out notice must be emailed no later than the earlier of either 30 days from (1) the date you first accepted the Terms of Use by using the Sites or (2) the date you first created an account with CERIS, if applicable.

14.  Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

15.  Waiver and Severability

No waiver by CERIS of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of CERIS to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by an arbitrator, court, or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

16.  Assignment

CERIS may assign these Terms, and any of its rights under the Terms, in whole or in part, and CERIS may delegate any of its obligations under the Terms. You may not assign the Terms, in whole or in part, nor transfer or sub-license your rights under the Terms, to any third party.

17.  Consent to Electronic Communications, Transactions, and Signatures

Visiting the Sites, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Sites, satisfy any legal requirement that such communication be in writing. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the Sites. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

18.  California Users and Residents

If any complaint with us is not satisfactorily resolved, you can contact the complaint assistance unit of the division of consumer services of the California department of consumer affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

19.  Term and Termination

These Terms shall remain in full force and effect while you use the Sites and thereafter. Without limiting any other provision of these Terms, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Sites and any of the other Services (including blocking certain IP addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these Terms or of any applicable law or regulation. We may terminate your use or participation in the Sites or delete your account and any Content or information that you posted at any time, without warning, in our sole discretion.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

20.  Your Comments and Concerns

The Sites are operated by:

CorVel Corporation,

1920 Main Street, Suite 900,

Irvine, California, 92614

All other feedback, comments, requests for technical support, and other communications relating to the Sites should be directed to: Corporate_Legal@corvel.com or 855-872-6674.