PlaceRite Terms and Conditions
IMPORTANT, PLEASE READ CAREFULLY: THIS IS AN AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY) (HEREINAFTER “PARTICIPANT”) AND RTW, INC. DBA ABSENTIA SOLUTIONS (“ABSENTIA”) TO ARRANGE FOR ABSENTIA TO PROVIDE PLACERITE ALTERNATIVE RETURN TO WORK PLACEMENT SERVICES TO EMPLOYEES IDENTIFIED ON THE CLAIM REFERRAL DOCUMENT SUBMITTED HEREIN THROUGH ABSENTIA’S WEBSITE. IF YOU DO NOT ACCEPT SUCH TERMS AND CONDITIONS, YOU WILL NOT HAVE ACCESS TO PLACERITE. IF YOU DO INDICATE YOUR ACCEPTANCE BELOW, YOU ACKNOWLEDGE THAT YOU READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
I. DUTIES OF Absentia
a. Protection of Participant’s Information
Absentia agrees that it will not reveal, report, memorialize, publish, duplicate, or otherwise disclose, for any other purpose other than the purposes of this Agreement or as required by law, to third parties any personal information that the Participant forwards to Absentia.
b. Submission of Claim Referral Document
Absentia will only review the Claim Referral Document submitted by the Participant and provide their PlaceRite Alternative Return to Work Placement Services after the Participant has indicated their acceptance of this Agreement below.
II. DUTIES OF Participant
a. Sharing personal information
Absentia shares Participants’ personal information with medical providers and other third parties as necessary to provide the services covered by this Agreement. Some examples include: discussing treatment and accommodations, assisting with insurance questions, or providing training programs. Absentia also shares Participants’ personal information as required or permitted by law. We do not share Participants’ personal information with other companies for their own marketing or other activities without permission.
b. Successful Placement
Successful Placement is defined as a job offer, regardless of whether it is accepted or rejected, to the injured employee identified on the Claim Referral Document. If the Participant requests that Absentia stop providing its services prior to a Successful Placement, Participant agrees to pay Absentia $200.
Participant will have thirty (30) calendar days from the date of the invoice to issue payment to Absentia.
d. Accuracy of Information
The information on the Claim Referral Document that the Participant forwards to Absentia will be truthful and accurate.
III. PROPRIETARY RIGHTS
Participant acknowledges that material contained in AbsentiaSolutions.com contains information, data, software, photographs, graphs, videos, graphics, music, sounds, and other material (collectively, “content”) that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that State Automobile Mutual Insurance Company, and its affiliates and subsidiaries (collectively, “State Auto”) shall retain all rights, title, and interest in the content, and to any modifications or improvements made thereto. The copying, redistribution, use, or publication by Participant of such content or any part of AbsentiaSolutions.com is strictly prohibited unless written permission is granted by State Auto. Participant does not acquire ownership rights to any content, document, or other materials viewed through AbsentiaSolutions.com.
IV. LIMITED LICENSE
You are granted a non-exclusive, non-transferable, revocable license to access and use AbsentiaSolutions.com strictly in accordance with this Agreement
V. DISCLAIMER OF WARRANTIES
PARTICIPANT EXPRESSLY AGREES THAT USE OF ABSENTIASOLUTIONS.COM IS AT PARTICIPANT’S SOLE RISK. NEITHER ABSENTIA, NOR ITS PARENT, AFFILIATES, NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDER, MERCHANTS OR THE LIKE, WARRANT ABSENTIASOLUTIONS.COM WILL BE UNINTERRUPTED OR ERROR FREE
ABSENTIASOLUTIONS.COM IS PROVIDED BY ABSENTIA ON AN “AS IS” AND “AS AVAILABLE” BASIS. ABSENTIA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE
ABSENTIA WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LOST PROFITS OF ANY KIND WHATSOEVER ARISING OUT OF THE USE OR INABILITY TO USE ABSENTIASOLUTIONS.COM, EVEN IF ABSENTIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, ABSENTIA’S ENTIRE LIABILITY UNDER THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY THE PARTICIPANT.
VI. INDEMNIFICATION AND HOLD HARMLESS
a. Hold Harmless
Participant agrees to assert no claim or cause of action against Absentia for any losses, expenses, or penalties that may result from Absentia’s performance of its responsibilities under this Agreement if Absentia acted within the standard of care of professionals in the alternative return to work placement services industry.
b. Participant’s Duty of Indemnification
Participant shall indemnify and hold harmless Absentia and its directors, officers, employees, agents, and affiliates from and against any and all claims, liabilities, damages, penalties, judgments, or expenses, including reasonable attorney’s fees, asserted against, imposed upon, or incurred by Absentia for services provided by Absentia under this Agreement, but only to the extent that Participant’s intentional misconduct or gross negligence caused, compounded, or contributed to the claim.
c. Absentia’s Duty of Indemnification
Absentia shall indemnify and hold harmless Participant and its directors, officers, employees, agents, and affiliates from and against any and all claims, liabilities, damages, penalties, judgments, or expenses, including reasonable attorney’s fees, asserted against, imposed upon, or incurred by Participant under this Agreement, but only to the extent that Absentia’s intentional misconduct or gross negligence caused, compounded, or contributed to the claim.
VII. CHOICE OF LAW
It is the intent of the parties that the law of Ohio shall govern the validity and enforceability of this Agreement, the construction of its terms, and the interpretation of the rights, duties, and obligations of the parties without giving effect to any principles of conflicts of law.
VIII. CHOICE OF FORUM
Any action of law, suit in equity or judicial proceeding arising directly, indirectly, or otherwise in connection with, out of, relating to or from this Agreement, or from the business relationship evidenced by this Agreement, shall be litigated only in the courts of the State of Ohio.
If, for any reason, any provision of this Agreement is held invalid or unenforceable to any extent, the remainder of this Agreement shall not be affected thereby, and shall be enforced to the greatest extent permitted by law.
X. ENTIRE AGREEMENT
This Agreement supersedes any and all other agreements, either oral or written, between the parties with respect to the matters stated herein, and this Agreement contains all the covenants and agreements between the parties with respect thereto. This Agreement may be amended or modified only in writing executed by both parties.
By electronically signing above, you agree to the above Terms and Conditions.
Please email or fax Signed Medical Release (within 12 months) to (614) 887-1120.
Email can be directed to firstname.lastname@example.org.