TERMS OF SERVICE AND CONDITIONS
These Terms of Service & Conditions are entered into by and between You and UAW Local 402 and govern your access to and use of this App. This License is a legal document that explains your rights and obligations as a user. Please read it carefully.
By clicking Accept, you are agreeing to be bound by the terms of this Service and Conditions. If you do not agree to the terms, do not use the UAW Local 402 App.
1. General. The UAW Local 402 App, whether on disk, in read only memory, or in any other media or form (collectively the “UAW Local 402 App”), are licensed, not sold, to you by UAW Local 402 for use only under the terms of this Agreement and reserves all rights not expressly granted to you. The terms of this Agreement will govern any software upgrades provided by UAW Local 402 that replace and/or supplement the original UAW Local 402 App, unless such upgrade is accompanied by a separate Terms of Service and Conditions, in which case the Terms of Service and Condition will govern.
2. Permitted Uses and Restrictions.
A. Subject to the terms and conditions of this License, you are granted a limited non-exclusive license to access and use the UAW Local 402 App. To the extent that the UAW Local 402 App may be used to reproduce materials, such use is limited to reproduction of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce.
B. You may not and you agree not to, or to enable others to, copy (except as expressly permitted by this License), decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, create derivative works of the UAW Local 402 App, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law). Any attempt to do so is a violation of the rights of UAW Local 402.
C. Automatic Updates. UAW Local 402 functionality, security and features are continually being improved and as such the UAW Local 402 App will undergo periodic automatic updates.
3. Transfer. You may not rent, lease, lend, redistribute or sublicense the UAW Local 402 App.
4. Consent to Use of Data & Unauthorized Access.
A. Unless otherwise requested in writing, if you are a user affiliated with the UAW, you agree that UAW Local 402 and the UAW International (if a UAW Local/CAP/Region) may collect, access, audit and use Diagnostic Data based upon your data. Diagnostic Data is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the UAW Local 402 App, and to verify compliance with the terms of this License, and does not personally-identify you. UAW Local 402 may use Diagnostic Data to provide and improve UAW Local 402’s products and services. If you are a user not affiliated with the UAW, then UAW Local 402 will not disclose Diagnostic Data to any third-party unless mutually agreed.
B. Notwithstanding 4(A), your data will not be sold to any third party except in connection with a sale, change of control, merger, acquisition, or sale of all or substantially all assets of UAW Local 402.
C. At all times your information will be protected from unauthorized access and treated with the utmost security. As an UAW Local 402 App user you agree not to share your unique user ID and password to any party not authorized to access your organization’s data.
5. Other Services.
A. By using this software in connection with an Internet accessed account, you agree to the applicable terms and conditions for that account, such as the latest Terms and Conditions. If you do not agree to the applicable terms and conditions for such an account, do not use the UAW Local 402’s App in connection with that account.
B. Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the Services, you acknowledge and agree that UAW Local 402 is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. UAW Local 402, its officers, affiliates and subsidiaries do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to you. You agree that you will not use any Third Party Materials in a manner that would infringe or violate the rights of any other party, and that UAW Local 402 is not in any way responsible for any such use by you.
C. You agree that the Services, including but not limited to support and editorial content, contain proprietary content, information and material that is owned by UAW and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary content, information or materials other than for permitted use of the Services or in any manner that is inconsistent with the terms of this License or that infringes any intellectual property rights of a third party or UAW. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and you shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, using the Services to transmit any computer viruses, worms, Trojan horses or other malware, or by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that UAW Local 402 is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive, infringing or illegal messages or transmissions that you may receive as a result of using any of the Services.
D. In addition, Services and Third Party Materials that may be accessed from, displayed on or linked to from the UAW Local 402 App are not available in all languages or in all countries or regions. UAW Local 402 makes no representation that such Services and Materials are appropriate or available for use in any particular location. To the extent you choose to use or access such Services and Third Party Materials, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. UAW Local 402 and its licensors reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will UAW Local 402 be liable for the removal of or disabling of access to any such Services. UAW Local 402 may also impose limits on the use of or access to certain Services, in any case and without notice or liability.
E. As with all Internet based user accounts or Subscriptions, you are always responsible for any Internet service provider, telephone, and other connection fees that you may incur.
F. Types of Data
collected: among the types of Personal Data that this Application collects, by
itself or through third parties, there are: Cookie and Usage Data. Other
Personal Data collected may be described in other sections of this privacy
policy or by dedicated explanation text contextually with the Data collection. The
Personal Data may be freely provided by the User or collected automatically
by this Application or by the owners of third party services used by this
Application, unless stated otherwise, serves to identify Users and remember
their preferences, for the sole purpose of providing the service required by
the User. Failure to provide certain Personal Data may make it impossible for
this Application to provide its services. The User assumes responsibility for
the Personal Data of third parties published or shared through this Application
and declares to have the right to communicate or broadcast them, thus relieving
the Data Controller of all responsibility.
6. Term and Termination.
A. The term of this Agreement (the “Term”) commences on the date you first indicate your acceptance of these terms by clicking Accept or using the UAW Local 402 App, and will continue in effect until otherwise terminated in accordance with this Agreement.
B. These Terms of Service and Conditions are effective until terminated. Your rights under this License will terminate automatically without notice from UAW Local 402 if you fail to comply with any term(s) of this License. Upon the termination of this License, you must cease all use of the UAW Local 402 App and destroy all copies, full or partial, of the UAW Local 402 App. Sections 4, 5, 6, 7, 8, 11 and 12 of this License shall survive any such termination.
7. Disclaimer of Warranties.
A YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE UAW LOCAL 402 APP AND SERVICES IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU.
C. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE UAW LOCAL 402 APP AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND UAW LOCAL 402 AND UAW LICENSORS (COLLECTIVELY REFERRED TO AS “UAW OR UAW LOCAL 402” FOR THE PURPOSES OF SECTIONS 7 AND 8) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE UAW LOCAL 402 APP AND SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
D. UAW LOCAL 402 DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE UAW LOCAL 402 APP AND SERVICES, THAT THE FUNCTIONS CONTAINED IN THE UAW LOCAL 402 APP WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE UAW LOCAL 402 APP WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS IN THE UAW LOCAL 402 APP WILL BE CORRECTED, OR THAT THE UAW LOCAL 402 APP WILL BE COMPATIBLE OR WORK WITH ANY THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES.
8. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL UAW/UAW LOCAL 402 BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, FAILURE TO TRANSMIT OR RECEIVE ANY DATA, BREACH OF DATA SECURITY, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE UAW LOCAL 402 APP OR SERVICES OR ANY THIRD PARTY SOFTWARE OR APPLICATIONS IN CONJUNCTION WITH THE UAW LOCAL 402 APP, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF UAW LOCAL 402 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall UAW Local 402’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
9. Lawful Usage. You may not use the UAW Local 402 App except as authorized User by UAW Local 402’s authorized agents, by United States law and the laws of the jurisdiction in which the UAW Local 402 App was obtained. By using UAW Local 402 App, you agree that you will not use the UAW Local 402 App for any purposes prohibited by United States law.
10. Complete Agreement; Governing Language. This License constitutes the entire agreement between the parties with respect to the use of the UAW Local 402 App hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by UAW Local 402. Any translation of this License is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this License shall govern, to the extent not prohibited by local law in your jurisdiction.
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