TERMS
OF SERVICE AGREEMENT
PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY.
BY ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND
BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE
RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE
TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT
EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS
OR USE OUR SITES OR OUR SERVICES. THIS TERMS OF SERVICE AGREEMENT IS EFFECTIVE
AS OF MAY 13,2017 .
ACCEPTANCE OF TERMS
The
following Terms of Service Agreement (the "TOS") is a legally binding
agreement that shall govern the relationship with our users and others which
may interact or interface with APWU:
South Jersey Area Local #0526, also known as APWU: SJAL#0526, located at
900 Rte. 168 Suite D-3,
Blackwood, New Jersey 08012 and our subsidiaries
and affiliates, in association with the use of the APWU: SJAL#0526 website,
which includes https://apwusjal0526.org, (the "Site") and its
Services, which shall be defined below.
DESCRIPTION OF WEBSITE
SERVICES OFFERED
The
Site is a news and information website
which has the following description:
This website will provide information on various
issues that may affect our Members. The information has been compiled by us or
provides links that will take you to the appropriate website.
Any
and all visitors to our site, despite whether they are registered or not, shall
be deemed as "users" of the herein contained Services provided for
the purpose of this TOS. Once
an individual register's for our Services, through the process of creating an
account, the user shall then be considered a "member."
The user and/or member acknowledges
and agrees that the Services provided and made available through our website
and applications, which may include some mobile applications and that those
applications may be made available on various social media networking sites and
numerous other platforms and downloadable programs, are the sole property of APWU:
South Jersey Area Local #0526. At its discretion, APWU: South Jersey Area Local #0526
may offer additional website Services and/or products, or update, modify or
revise any current content and Services, and this Agreement shall apply to any
and all additional Services and/or products and any and all updated, modified
or revised Services unless otherwise stipulated. APWU:
Furthermore,
the user and/or member understands, acknowledges and agrees that the Services
offered shall be provided "AS IS" and as such APWU: South Jersey Area Local #0526
shall not assume any responsibility or obligation for the timeliness, missed
delivery, deletion and/or any failure to store user content, communication or
personalization settings.
REGISTRATION
To
register and become a "member" of the Site, you must be at least 18
years of age to enter into and form a legally binding contract. In addition,
you must be in good standing and not an individual that has been previously
barred from receiving APWU:
SJAL#0526's Services under the laws and statutes of the
When
you register, APWU:
SJAL#0526 may collect information such as your name, e-mail address,
birth date, gender, mailing address, occupation, industry and personal
interests. You can edit your account information at any time. Once you register with APWU: SJAL#0526 and sign in
to our Services, you are no longer anonymous to us.
Furthermore,
the registering party hereby acknowledges, understands and agrees to:
a) furnish factual,
correct, current and complete information with regards to yourself as may be
requested by the data registration process, and
b)
maintain and promptly update your registration and profile
information in an effort to maintain accuracy and completeness at all times.
If
anyone knowingly provides any information of a false, untrue, inaccurate or
incomplete nature, APWU: South
Jersey Area Local #0526 will have sufficient grounds and rights to suspend or terminate the member in violation of this aspect
of the Agreement, and as such refuse any and all current or future use of APWU: South Jersey Area Local #0526
Services, or any portion thereof.
It
is APWU:
PRIVACY POLICY
Every
member's registration data and various other personal
information are strictly protected by the APWU: South
Jersey Area Local #0526 Online Privacy
Policy (see the full Privacy Policy at
https://apwusjal0526.org/wp-content/uploads/2017/05/privacypolicy.htm). As a
member, you herein consent to the collection and use of the information
provided, including the transfer of information within the United States and/or
other countries for storage, processing or use by APWU: South Jersey Area Local #0526
and/or our subsidiaries and affiliates.
MEMBER ACCOUNT, USERNAME, PASSWORD AND SECURITY
When you set up an account, you
are the sole authorized user of your account. You shall be responsible for
maintaining the secrecy and confidentiality of your password and for all
activities that transpire on or within your account. It is your responsibility
for any act or omission of any user(s) that access your account information
that, if undertaken by you, would be deemed a violation of the TOS. It shall be
your responsibility to notify APWU:
South Jersey Area Local #0526 immediately if you notice any unauthorized
access or use of your account or password or any other breach of security. APWU:
CONDUCT
As a user or
member of the Site, you herein acknowledge, understand and agree that all
information, text, software, data, photographs, music, video, messages, tags or
any other content, whether it is publicly or privately posted and/or
transmitted, is the expressed sole responsibility of the individual from whom
the content originated. In short, this means that you are solely responsible
for any and all content posted, uploaded, emailed, transmitted or otherwise
made available by way of the APWU: SJAL#0526 Services,
and as such, we do not guarantee the accuracy, integrity or quality of such
content. It is expressly understood that by use of our Services, you may be
exposed to content including, but not limited to, any errors or omissions in
any content posted, and/or any loss or damage of any kind incurred as a result
of the use of any content posted, emailed, transmitted or otherwise made
available by APWU: SJAL#0526.
Furthermore,
you herein agree not to make use of APWU: South Jersey Area Local #0526's
Services for the purpose of:
a)
uploading, posting, emailing, transmitting, or otherwise making
available any content that shall be deemed unlawful, harmful, threatening,
abusive, harassing, tortious, defamatory, vulgar,
obscene, libelous, or invasive of another's privacy or which is hateful, and/or
racially, ethnically, or otherwise objectionable;
b)
causing harm to minors
in any manner whatsoever;
c)
impersonating any
individual or entity, including, but not limited to, any APWU: SJAL#0526 officials,
forum leaders, guides or hosts or falsely stating or otherwise misrepresenting
any affiliation with an individual or entity;
d)
forging captions, headings or titles or otherwise offering any
content that you personally have no right to pursuant to any law nor having any
contractual or fiduciary relationship with;
e)
uploading, posting,
emailing, transmitting or otherwise offering any such content that may infringe
upon any patent, copyright, trademark, or any other proprietary or intellectual
rights of any other party;
f)
uploading, posting,
emailing, transmitting or otherwise offering any content that you do not
personally have any right to offer pursuant to any law or in accordance with
any contractual or fiduciary relationship;
g)
uploading, posting, emailing, transmitting, or otherwise offering
any unsolicited or unauthorized advertising, promotional flyers, "junk
mail," "spam," or any other form of solicitation, except in any
such areas that may have been designated for such purpose;
h)
uploading, posting, emailing, transmitting, or otherwise offering
any source that may contain a software virus or other computer code, any files
and/or programs which have been designed to interfere, destroy and/or limit the
operation of any computer software, hardware, or telecommunication equipment;
i)
disrupting the normal
flow of communication, or otherwise acting in any manner that would negatively
affect other users' ability to participate in any real time interactions;
j)
interfering with or disrupting any APWU: South Jersey Area Local #0526
Services, servers and/or networks that may be connected or related to our
website, including, but not limited to, the use of any device software and/or
routine to bypass the robot exclusion headers;
k)
intentionally or unintentionally
violating any local, state, federal, national or international law, including,
but not limited to, rules, guidelines, and/or regulations decreed by the U.S.
Securities and Exchange Commission, in addition to any rules of any nation or
other securities exchange, that would include without limitation, the New York
Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations
having the force of law;
l)
providing informational support or resources, concealing and/or
disguising the character, location, and or source to any organization delegated
by the United States government as a "foreign terrorist organization"
in accordance to Section 219 of the Immigration Nationality Act;
m)
"stalking" or with the intent to otherwise harass another
individual; and/or
n)
collecting or storing
of any personal data relating to any other member or user in connection with
the prohibited conduct and/or activities which have been set forth in the
aforementioned paragraphs.
APWU:
APWU:
a) compliance
with any legal process;
b)
enforcement of the TOS;
c)
responding to any claim
that therein contained content is in violation of the rights of any third party;
d)
responding to requests
for customer service; or
e)
protecting the
rights, property or the personal safety of APWU: South Jersey Area Local #0526,
its visitors, users and members, including the general public.
APWU: South Jersey Area Local #0526 herein
reserves the right to include the use of security components that may permit
digital information or material to be protected, and that such use of
information and/or material is subject to usage guidelines and regulations
established by APWU: South Jersey
Area Local #0526 or any other content providers supplying content
services to APWU: South Jersey
Area Local #0526. You are hereby prohibited from making any attempt to
override or circumvent any of the embedded usage rules in our Services.
Furthermore, unauthorized reproduction, publication, distribution, or
exhibition of any information or materials supplied by our Services, despite
whether done so in whole or in part, is expressly prohibited.
INTERSTATE COMMUNICATION
Upon
registration, you hereby acknowledge that by using https://apwusjal0526.org to
send electronic communications, which would include, but are not limited to,
email, searches, instant messages, uploading of files, photos and/or videos,
you will be causing communications to be sent through our computer network. Therefore, through your
use, and thus your agreement with this TOS, you are acknowledging that the use
of this Service shall result in interstate transmissions.
CAUTIONS FOR
GLOBAL USE AND EXPORT AND IMPORT COMPLIANCE
Due to the
global nature of the internet, through the use of our network you hereby agree
to comply with all local rules relating to online conduct and that which is
considered acceptable Content. Uploading, posting and/or transferring of software,
technology and other technical data may be subject to the export and import
laws of the
a)
are not on the list of prohibited individuals which may be
identified on any government export exclusion report (http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) nor a member of any other government which may be part of an
export-prohibited country identified in applicable export and import laws and
regulations;
b)
agree not to transfer
any software, technology or any other technical data through the use of our
network Services to any export-prohibited country;
c)
agree not to use our
website network Services for any military, nuclear, missile, chemical or
biological weaponry end uses that would be a violation of the U.S. export laws;
and
a)
agree not to post, transfer
nor upload any software, technology or any other technical data which would be
in violation of the
CONTENT
PLACED OR MADE AVAILABLE FOR COMPANY SERVICES
APWU: South Jersey Area Local #0526 shall not
lay claim to ownership of any content submitted by any visitor, member, or user, nor make such content available for
inclusion on our website Services. Therefore, you hereby grant and allow for APWU: South Jersey Area Local #0526
the below listed worldwide, royalty-free and non-exclusive licenses, as
applicable:
a)
The content submitted or made available for inclusion on the
publicly accessible areas of APWU:
South Jersey Area Local #0526's sites, the license provided to permit to
use, distribute, reproduce, modify, adapt, publicly perform and/or publicly
display said Content on our network Services is for the sole purpose of
providing and promoting the specific area to which this content was placed
and/or made available for viewing. This license shall be available so long as
you are a member of APWU: South
Jersey Area Local #0526's sites, and shall terminate at such time when
you elect to discontinue your membership.
b)
Photos, audio, video
and/or graphics submitted or made available for inclusion on the publicly
accessible areas of APWU: South
Jersey Area Local #0526's sites, the license provided to permit to use,
distribute, reproduce, modify, adapt, publicly perform and/or publicly display
said Content on our network Services are for the sole purpose of providing and
promoting the specific area in which this content was placed and/or made
available for viewing. This license shall be available so long as you are a
member of APWU: South Jersey Area
Local #0526's sites and shall terminate at such time when you elect to
discontinue your membership.
c)
For any other content submitted or made available for inclusion on
the publicly accessible areas of APWU:
South Jersey Area Local #0526's sites, the continuous, binding and
completely sub-licensable license which is meant to permit to use, distribute,
reproduce, modify, adapt, publish, translate, publicly perform and/or publicly
display said content, whether in whole or in part, and the incorporation of any
such Content into other works in any arrangement or medium current used or
later developed.
Those areas
which may be deemed "publicly accessible" areas of APWU: South Jersey Area Local #0526's
sites are those such areas of our network properties which are meant to be available
to the general public, and which would include message boards and groups that
are openly available to both users and members.
However, those areas which are not open to the public,
and thus available to members only, would include our mail system and instant
messaging.
CONTRIBUTIONS TO COMPANY WEBSITE
APWU:
a)
your contributions do not contain any type of confidential or
proprietary information;
b)
APWU: SJAL#0526 shall not be liable or under any obligation to
ensure or maintain confidentiality, expressed or implied, related to any
Contributions;
c)
APWU: SJAL#0526 shall be entitled to make use of and/or
disclose any such Contributions in any such manner as they may see fit;
d)
the contributor's
Contributions shall automatically become the sole property of APWU: SJAL#0526; and
e)
APWU: SJAL#0526 is under no obligation to either compensate or
provide any form of reimbursement in any manner or nature.
INDEMNITY
All users and/or members herein agree to insure
and hold APWU: South Jersey Area
Local #0526, our subsidiaries, affiliates, agents, employees, officers,
partners and/or licensors blameless or not liable for any claim or demand, which may include, but is not
limited to, reasonable attorney fees made by any third party which may arise
from any content a member or
user of our site
may submit, post, modify, transmit or otherwise make available through our
Services, the use of APWU: SJAL#0526 Services or
your connection with these Services, your violations of the Terms of Service
and/or your violation of any such rights of another person.
COMMERCIAL REUSE OF SERVICES
The member or user herein agrees not to replicate, duplicate,
copy, trade, sell, resell nor exploit for any commercial reason any part, use
of, or access to APWU:
SJAL#0526's sites.
USE AND STORAGE GENERAL PRACTICES
You herein
acknowledge that APWU: South
Jersey Area Local #0526 may set up any such practices and/or limits
regarding the use of our Services, without limitation of the maximum number of
days that any email, message posting or any other uploaded content shall be
retained by APWU: South Jersey
Area Local #0526, nor the maximum number of email messages that may be
sent and/or received by any member, the maximum volume or size of any email
message that may be sent from or may be received by an account on our Service,
the maximum disk space allowable that shall be allocated on APWU: South Jersey Area Local #0526's
servers on the member's behalf, and/or the maximum number of times and/or
duration that any member may access our Services in a given period of
time. In addition, you also agree that APWU: South
Any
messenger service, which may include any web-based versions, shall allow you
and the individuals with whom you communicate with the ability to save your
conversations in your account located on APWU: South Jersey Area Local #0526's
servers. In this manner, you will be able to access and search your message
history from any computer with internet access. You also acknowledge that
others have the option to use and save conversations with you in their own
personal account on https://apwusjal0526.org. It is your agreement to this TOS
which establishes your consent to allow APWU: South Jersey Area Local #0526
to store any and all communications on its servers.
MODIFICATIONS
APWU:
TERMINATION
As a member
of https://apwusjal0526.org, you may cancel or terminate your account,
associated email address and/or access to our Services by submitting a
cancellation or termination request to sjarealocal0526@apwusjal0526.org.
As a member,
you agree that APWU: South Jersey
Area Local #0526 may, without any prior written notice, immediately
suspend, terminate, discontinue and/or limit your account, any email associated
with your account, and access to any of our Services. The cause for such
termination, discontinuance, suspension and/or limitation of access shall
include, but is not limited to:
a) any breach
or violation of our TOS or any other incorporated agreement, regulation and/or
guideline;
b) by way of
requests from law enforcement or any other governmental agencies;
c) the
discontinuance, alteration and/or material modification to our Services, or any
part thereof;
d) unexpected
technical or security issues and/or problems;
e) any extended
periods of inactivity;
f) any
engagement by you in any fraudulent or illegal activities; and/or
g)
the nonpayment
of any associated fees that may be owed by you in connection with your
https://apwusjal0526.org account Services.
Furthermore,
you herein agree that any and all terminations, suspensions, discontinuances,
and or limitations of access for cause shall be made at our sole discretion and
that we shall not be liable to you or any other third party with regards to the
termination of your account, associated email address and/or access to any of
our Services.
The
termination of your account with https://apwusjal0526.org shall include any
and/or all of the following:
a) the removal
of any access to all or part of the Services offered within https://apwusjal0526.org;
b)
the deletion of your
password and any and all related information, files, and any such content that
may be associated with or inside your account, or any part thereof; and
c) the barring of any further use of all or part of our Services.
ADVERTISERS
Any
correspondence or business dealings with, or the participation in any
promotions of, advertisers located on or through our Services, which may
include the payment and/or delivery of such related goods and/or Services, and
any such other term, condition, warranty and/or representation associated with
such dealings, are and shall be solely between you and any such advertiser.
Moreover, you herein agree that APWU:
South Jersey Area Local #0526 shall not be held responsible or liable
for any loss or damage of any nature or manner incurred as a direct result of
any such dealings or as a result of the presence of such advertisers on our
website.
LINKS
Either APWU:
PROPRIETARY RIGHTS
You do
hereby acknowledge and agree that APWU: South Jersey Area Local #0526's
Services and any essential software that may be used in connection with our
Services ("Software") shall contain proprietary and confidential
material that is protected by applicable intellectual property rights and other
laws. Furthermore, you herein acknowledge and agree that any Content which may
be contained in any advertisements or information presented by and through our
Services or by advertisers is protected by copyrights, trademarks, patents or
other proprietary rights and laws. Therefore, except for that which is
expressly permitted by applicable law or as authorized by APWU: South Jersey Area Local #0526
or such applicable licensor, you agree not to alter, modify, lease, rent, loan,
sell, distribute, transmit, broadcast, publicly perform and/or created any
plagiaristic works which are based on APWU: South Jersey Area Local #0526
Services (e.g. Content or Software), in whole or part.
APWU: South Jersey Area Local #0526 herein has
granted you personal, non-transferable and non-exclusive rights and/or license
to make use of the object code or our Software on a single computer, as long as
you do not, and shall not, allow any third party to duplicate, alter, modify,
create or plagiarize work from, reverse engineer, reverse assemble or otherwise
make an attempt to locate or discern any source code, sell, assign, sublicense,
grant a security interest in and/or otherwise transfer any such right in the
Software. Furthermore, you do herein agree not to alter or change the Software
in any manner, nature or form, and as such, not to use any modified versions of
the Software, including and without limitation, for the purpose of obtaining
unauthorized access to our Services. Lastly, you also agree not to access or
attempt to access our Services through any means other than through the
interface which is provided by APWU:
South Jersey Area Local #0526 for use in accessing our Services.
WARRANTY DISCLAIMERS
YOU HEREIN
EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
a)
THE USE OF APWU:
b)
APWU:
SOUTH JERSEY AREA LOCAL #0526 AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND
LICENSORS MAKE NO SUCH WARRANTIES THAT (i) APWU: SOUTH JERSEY AREA LOCAL #0526
SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) APWU: SOUTH JERSEY AREA LOCAL #0526
SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE;
(iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE APWU: SOUTH JERSEY AREA LOCAL #0526
SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY
PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR
OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS;
AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED.
c)
ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY
WAY OF APWU: SOUTH JERSEY AREA
LOCAL #0526 SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE
DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND
HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE
TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR
ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR
MATERIAL.
d)
NO ADVICE AND/OR
INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM APWU:
e)
A SMALL PERCENTAGE OF
SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE WHEN EXPOSED TO
CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER
SCREEN OR WHILE USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY
UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO
HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE
IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU
EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS,
ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY
INVOLUNTARY MOVEMENT, OR CONVULSIONS.
LIMITATION OF LIABILITY
YOU
EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT APWU: SOUTH JERSEY AREA LOCAL #0526
AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND
LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO,
DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA
AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH
POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:
a)
THE USE OR INABILITY TO USE OUR SERVICE;
b)
THE COST OF PROCURING
SUBSTITUTE GOODS AND SERVICES;
c)
UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS
AND/OR DATA;
d)
STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;
e)
AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.
RELEASE
In the event
you have a dispute, you agree to release APWU: South Jersey Area Local #0526
(and its officers, directors, employees, agents, parent subsidiaries,
affiliates, co-branders, partners and any other third parties) from claims,
demands and damages (actual and consequential) of every kind and nature, known
and unknown, suspected or unsuspected, disclosed and undisclosed, arising out
of or in any way connected to such dispute.
SPECIAL ADMONITION RELATED TO FINANCIAL MATTERS
Should you
intend to create or to join any service, receive or request any such news,
messages, alerts or other information from our Services concerning companies,
stock quotes, investments or securities, please review the above Sections
Warranty Disclaimers and Limitations of Liability again. In addition, for this
particular type of information, the phrase "Let the investor beware"
is appropriate. APWU:
EXCLUSION AND LIMITATIONS
THERE ARE
SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR
THE LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OF SECTIONS WARRANTY
DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.
THIRD PARTY BENEFICIARIES
You herein
acknowledge, understand and agree, unless otherwise expressly provided in this
TOS, that there shall be no third-party beneficiaries to this agreement.
NOTICE
APWU: South Jersey Area Local #0526 may furnish
you with notices, including those with regards to any changes to the TOS,
including but not limited to email, regular mail, MMS or SMS, text messaging,
postings on our website Services, or other reasonable means currently known or
any which may be herein after developed. Any such notices may not be received
if you violate any aspects of the TOS by accessing our Services in an
unauthorized manner. Your acceptance of this TOS constitutes your agreement
that you are deemed to have received any and all notices that would have been
delivered had you accessed our Services in an authorized manner.
TRADEMARK INFORMATION
You herein
acknowledge, understand and agree that all of the APWU: South Jersey Area Local #0526
trademarks, copyright, trade name, service marks, and other APWU: South Jersey Area Local #0526
logos and any brand features, and/or product and service names are trademarks
and as such, are and shall remain the property of APWU: South Jersey Area Local #0526.
You herein agree not to display and/or use in any manner the APWU: South Jersey Area Local #0526
logo or marks without obtaining APWU:
South Jersey Area Local #0526's prior written consent.
COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE
& PROCEDURES
APWU:
a)
The electronic or the physical signature of the individual that is
authorized on behalf of the owner of the copyright or other intellectual
property interest;
b)
A description of the
copyrighted work or other intellectual property that you believe has been
infringed upon;
c)
A description of the location of the site which you allege has
been infringing upon your work;
d)
Your physical address, telephone number, and email address;
e)
A statement, in which
you state that the alleged and disputed use of your work is not authorized by
the copyright owner, its agents or the law;
f)
And finally, a statement, made under penalty of perjury, that the
aforementioned information in your notice is truthful and accurate, and that
you are the copyright or intellectual property owner, representative or agent
authorized to act on the copyright or intellectual property owner's behalf.
The APWU: South Jersey Area Local #0526
Agent for notice of claims of copyright or other intellectual property
infringement can be contacted as follows:
Mailing
Address:
APWU:
Attn:
Copyright Agent
900 Rte. 168 Suite D-3
Telephone: (856) 228-8090
CLOSED CAPTIONING
BE IT KNOWN,
that APWU: South Jersey Area
Local #0526 complies with all applicable Federal Communications
Commission rules and regulations regarding the closed captioning of video
content. For more information, please visit our website at
https://apwusjal0526.org.
GENERAL INFORMATION
ENTIRE
AGREEMENT
This TOS
constitutes the entire agreement between you and APWU: South Jersey Area Local #0526
and shall govern the use of our Services, superseding any prior version of this
TOS between you and us with respect to APWU: South Jersey Area Local #0526
Services. You may also be subject to additional terms and conditions that may
apply when you use or purchase certain other APWU: South Jersey Area Local #0526
Services, affiliate Services, third-party content or third-party software.
CHOICE OF
LAW AND FORUM
It is at the
mutual agreement of both you and APWU:
South Jersey Area Local #0526 with regard to the TOS that the
relationship between the parties shall be governed by the laws of the state of New Jersey without regard to
its conflict of law provisions and that any and all claims,
causes of action and/or disputes, arising out of or relating to the TOS, or
the relationship between you and APWU:
South Jersey Area Local #0526, shall be filed within the courts having
jurisdiction within the County of Camden,
New Jersey or the U.S. District
Court located in said state. You and APWU:
WAIVER AND
SEVERABILITY OF TERMS
At any time,
should APWU: South Jersey Area
Local #0526 fail to exercise or enforce any right or provision of the
TOS, such failure shall not constitute a waiver of such right or provision. If
any provision of this TOS is found by a court of competent jurisdiction to be
invalid, the parties nevertheless agree that the court should endeavor to give
effect to the parties' intentions as reflected in the provision, and the other
provisions of the TOS remain in full force and effect.
NO RIGHT OF
SURVIVORSHIP NON-TRANSFERABILITY
You
acknowledge, understand and agree that your account is non-transferable and any
rights to your ID and/or contents within your account shall terminate upon your
death. Upon receipt of a copy of a death certificate, your account may be
terminated and all contents therein permanently deleted.
STATUTE OF
LIMITATIONS
You
acknowledge, understand and agree that regardless of any statute or law to the
contrary, any claim or action arising out of or related to the use of our
Services or the TOS must be filed within 15 year(s) after said claim or cause of action arose or shall
be forever barred.
VIOLATIONS
Please
report any and all violations of this TOS to APWU: South Jersey Area Local #0526
as follows:
Mailing
Address:
APWU:
900 Rte. 168 Suite D-3
Telephone: (856) 228-8090
Email: sjarealocal0526@apwusjal0526.org