The terms you and User as used herein refer to all individuals and/or entities accessing this website for any reason.
2. IBEW 11 Permissions and Restrictions
(a) You do not collect any personally identifiable information of others, including user names or e-mail addresses, from the application.
(b) You may not use any of IBEW 11 application websites in violation of any applicable law or regulation.
(c) You do not use the website for any commercial purposes without the prior written authorization of IBEW 11 application. You agree not to transmit or otherwise make available any unsolicited advertising, promotional information, bulk e-mail or other solicitation. You agree not to solicit, for commercial purposes, any users of the website with respect to their user comments.
(d) You do not circumvent, disable or otherwise interfere with security-related features of the website or our sites or servers (or networks connected to our website), including, without limitation, the following activities: (i) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (ii) attempting to interfere with communication to any user, host or network, including, without limitation, via means of submitting a virus to this or any IBEW 11 local site, overloading, flooding, spamming, mailbombing or crashing; or (iii) transmitting or otherwise making available any content containing any virus, worm or trojan horse or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. Violations of system or network security may result in civil or criminal liability. The IBEW 11 local will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
(e) You do not use or launch any automated system, including, without limitation, robots, spiders or offline readers, that accesses the website in a manner that sends more request messages to the IBEW 11 local servers in a given period of time than a human can reasonably produce in the same period by using a conventional online Web browser. Notwithstanding the foregoing, the IBEW 11 local grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials but not caches or archives of such materials. IBEW 11 application reserves the right to revoke these exceptions either generally or in specific cases.
(f) You do not alter or modify any part of the application.
(g) You do not harass, threaten, embarrass or cause distress, unwanted attention or discomfort to a person or entity on or through the application or its communication systems.
(h) You do not transmit or otherwise make available on or through the website any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, violent, vulgar, obscene, hateful or racially, ethnically or otherwise objectionable, or potentially libelous or inflammatory, as solely determined by IBEW 11.
(i) IBEW 11 reserves the right to change or discontinue any aspect of the website at any time, for any reason and without notice to you.
(j) IBEW 11 reserves the right to suspend or terminate a users access to the website, without prior notice and at the IBEW 11’s sole discretion.
(k) This list of permissions and restrictions, along with the other terms discussed below, is not intended to be complete, but merely illustrative. We reserve the right in our sole and final judgment to determine whether your conduct violates conduct requirements for the website.
3. User Accounts
In order to access some features of the website, such as, for example, interactive blogs, you have to login using your Facebook or Google login or become a registered user. As a user, you agree to be bound by the following terms:
(a) When creating or modifying your account, you must provide accurate, current and complete information. We reserve the right to disallow use of any user name that we deem offensive or inappropriate. You will be responsible for preserving the confidentiality of your password and for all actions of persons accessing the website through any username/password assigned to you. You must notify the IBEW 11 local immediately of any breach of security or unauthorized use of your account. You may never use anothers account without permission.
(b) As a user, you may submit comments on various IBEW 11 blogs or other material (collectively, User Content) to the application. IBEW 11 reserves the right, but does not assume the obligation, to delete, move, condense or edit such User Content for any reason and without prior notice. IBEW 11 also reserves the right to suspend or terminate a users access for posting User Content.
(d) You retain all of your ownership rights in your User Content. However, by submitting User Content to the IBEW 11 local, you hereby grant IBEW 11 a worldwide, nonexclusive, royalty-free, sub licensable, perpetual and transferable license to use, reproduce, store, distribute, prepare derivative works of and display your User Content (and your user name, voice, appearance and likeness) in any medium in connection with the activities and operations of IBEW 11, its related and affiliated entities and successors, including, without limitation, for promoting and redistributing part or all of IBEW 11 application (and derivative works thereof) in any form or media, now known or hereafter devised, in all languages throughout the world. You also give IBEW 11 the nonexclusive right to use your name, voice, appearance and likeness, as well as any additional information you have provided about yourself, in any material prepared by or for IBEW 11 in any form or media, now known or hereafter devised, in all languages throughout the world. You also hereby grant each user of IBEW 11 application a non-exclusive license to access your User Content through the website, and to use, reproduce and distribute such User Content for such users personal, noncommercial purposes. You understand and agree that IBEW 11 may retain, reproduce, distribute and otherwise use for any purpose copies of User Content that has been removed from the website. The above licenses granted by you are perpetual and irrevocable.
(e) IBEW 11 does not endorse, authorize or ratify any User Content, or any opinion, recommendation or advice expressed therein, and IBEW 11 expressly disclaims all liability in connection with User Content. IBEW 11 does not permit copyright infringing activities and infringement of intellectual property rights on its website, and IBEW 11 reserves the right, but does not assume the obligation, to remove any content from the website if notified that such content infringes on anothers intellectual property rights.
4. Your Use of Content on the Site
In addition to the restrictions above, the following restrictions and conditions apply specifically to your use of content on IBEW 11 application.
(b) The application is made available for your personal, noncommercial use only. As part of such use, you may display, download and/or print pages from the site; you may link to the website; and you may forward website materials to others for personal, non-commercial uses that are reasonably related to the websites purposes.
5. Digital Millennium Copyright Act
If you are a copyright owner or an agent thereof and believe that any IBEW 11 Content or User Content infringes upon your copyright, you may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing IBEW 11s Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further details):
Identification of the copyrighted work claimed to have been infringed;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit IBEW 11 to locate the material;
A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law;
A statement that the information in the notification is accurate, and under penalty of perjury, that you are, or are authorized to act on behalf of, the owner of an exclusive right that is allegedly infringed;
Your name, mailing address, telephone number and e-mail address; and
A physical or electronic signature of the owner of the exclusive right that is allegedly infringed, or that of the person authorized to act on behalf of the owner.
6. Disclaimer of Warranty
THIS APPLICATION IS PROVIDED TO YOU AS IS. YOU AGREE THAT YOUR USE OF THE IBEW 11 APP AND WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, IBEW 11, AS WELL AS ITS OFFICERS, PRESIDENT, EMPLOYEES AND AGENTS (COLLECTIVELY, THE IBEW 11 PARTIES), DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE APPLICATION AND YOUR USE THEREOF. THE IBEW 11 PARTIES CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE APP AND WEBSITES CONTENT OR THE CONTENT OF ANY APP AND WEBSITES LINKED TO THIS APP AND WEBSITE. NOR DO THE IBEW 11 PARTIES GUARANTEE THAT THE APP AND WEBSITE WILL BE ERROR FREE, OR CONTINUOUSLY AVAILABLE, OR THAT THE APP AND WEBSITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IBEW 11 PARTIES DO NOT WARRANT, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE PROVIDED, ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH IBEW 11 APP AND WEBSITE OR ANY APP AND WEBSITE HYPERLINKED OR FEATURED IN ANY BANNER OR OTHER ADVERTISING.
7. Limitation on Liability
IN NO EVENT SHALL THE IBEW 11 PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER, WHETHER OR NOT THEY ARE FORESEEABLE, RELATING TO THIS APP AND WEBSITE, INCLUDING ANY DAMAGES RESULTING FROM ANY (I) ERRORS, MISTAKES OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR APP AND WEBSITE; (III) UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR APP AND WEBSITE; (V) BUGS, VIRUSES, TROJAN HORSES OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR APP AND WEBSITE BY ANY THIRD PARTY; AND/OR (VI) ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF OR INABILITY TO USE OUR APP AND WEBSITES OR ANY CONTENT POSTED, E-MAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA IBEW 11 local APP AND WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT IBEW 11 IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE THAT IBEW 11 PARTIES SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. TO THE EXTENT THESE LAWS APPLY TO YOU, SOME OF THE PROVISIONS SET FORTH IN THIS AGREEMENT MAY NOT APPLY.
You and IBEW 11 agree that any cause of action arising out of or related to IBEW 11 application must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.