Terms of Service
The terms “you” and “User” as used herein refer to all individuals and/or entities accessing this website for any reason.
By accessing the UFCW Western States Council website, you represent and warrant that you are 18 years of age or older, or an emancipated minor, or possess legal parental or guardian consent, and that you have the right, authority and capacity to agree to and abide by these Terms of Service. In any case, you affirm that you are above the age of 13, as the UFCW Western States Council website is not intended for children under 13. You also represent and warrant that you will use the website in a manner consistent with any and all applicable laws and regulations.
2. UFCW Western States Council Permissions and Restrictions
UFCW Western States Council hereby grants you permission to access and use the website as set forth in these Terms of Service, provided that:
(a) You do not collect any personally identifiable information of others, including user names or email addresses, from the website.
(b) You may not use any of the UFCW Western States Council 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 the UFCW Western States Council. You agree not to transmit or otherwise make available any unsolicited advertising, promotional information, bulk email 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 UFCW Western States Council 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 UFCW Western States Council 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 UFCW Western States Council 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 UFCW Western States Council 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. The UFCW Western States Council reserves the right to revoke these exceptions either generally or in specific cases.
(f) You do not alter or modify any part of the website.
(g) You do not harass, threaten, embarrass or cause distress, unwanted attention or discomfort to a person or entity on or through the website 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 the UFCW Western States Council.
(i) UFCW Western States Council reserves the right to change or discontinue any aspect of the website at any time, for any reason and without notice to you.
(j) UFCW Western States Council reserves the right to suspend or terminate a user’s access to the website, without prior notice and at the UFCW Western States Council’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 UFCW Western States Council immediately of any breach of security or unauthorized use of your account. You may never use another’s account without permission.
(b) As a user, you may submit comments on various UFCW Western States Council blogs or other material (collectively, “User Content”) to the website. UFCW Western States Council 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. UFCW Western States Council also reserves the right to suspend or terminate a user’s access for posting User Content.
(c) You are solely responsible for your own User Content and the consequences of posting or publishing it. Submissions may be used by the UFCW Western States Council for any purpose in any form without the permission of the submitter and without any consideration apart from participation in accordance with these Terms of Service. By providing User Content to the UFCW Western States Council, you affirm, represent and/or warrant that you own or have the necessary licenses, rights, consents and permissions to use and authorize the UFCW Western States Council to use all patent, trademark, trade-secret, copyright or other proprietary rights in and to any and all User Content you submit to enable inclusion and use of such User Content in the manner contemplated by these Terms of Service. You agree and represent that, unless you are the owner of such rights or have permission from the rightful owner, you will not submit material that (i) is copyrighted or protected by trademark or trade secret or other intellectual property rights of others; (ii) violates the privacy, publicity or other personal rights of others; or (iii) reveals confidential information or otherwise violates the third-party proprietary rights of others. You further agree and represent that you will not submit material that is harassing, vulgar, unlawful, harmful, profane, defamatory, violent, obscene, threatening, abusive, hateful or is potentially libelous or inflammatory or racially, ethnically or otherwise objectionable. The UFCW Western States Council reserves the right to not post submissions and to remove submissions without prior notice, at the sole discretion of the UFCW Western States Council.
(d) You retain all of your ownership rights in your User Content. However, by submitting User Content to the UFCW Western States Council, you hereby grant the UFCW Western States Council a worldwide, nonexclusive, royalty-free, sublicenseable, 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 UFCW Western States Council, its related and affiliated entities and successors, including, without limitation, for promoting and redistributing part or all of the UFCW Western States Council website (and derivative works thereof) in any form or media, now known or hereafter devised, in all languages throughout the world. You also give the UFCW Western States Council 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 the UFCW Western States Council in any form or media, now known or hereafter devised, in all languages throughout the world. You also hereby grant each user of the UFCW Western States Council website a non-exclusive license to access your User Content through the website, and to use, reproduce and distribute such User Content for such user’s personal, noncommercial purposes. You understand and agree that the UFCW Western States Council 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) The UFCW Western States Council does not endorse, authorize or ratify any User Content, or any opinion, recommendation or advice expressed therein, and the UFCW Western States Council expressly disclaims all liability in connection with User Content. The UFCW Western States Council does not permit copyright infringing activities and infringement of intellectual property rights on its website, and the UFCW Western States Council reserves the right, but does not assume the obligation, to remove any content from the website if notified that such content infringes on another’s 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 the UFCW Western States Council website.
(a) The content on the website (other than your User Content), including, without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (collectively, “UFCW Western States Council Content”) is owned by or licensed by the UFCW Western States Council. Similarly, the trademarks, service marks and logos contained on the website are owned or licensed by the UFCW Western States Council (“UFCW Western States Council Marks”). Except as otherwise provided in these Terms of Service, the UFCW Western States Council Content and the UFCW Western States Council Marks may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any purpose whatsoever without the prior written consent of the UFCW Western States Council. The UFCW Western States Council reserves all rights not expressly granted in and to the UFCW Western States Council Content and the UFCW Western States Council Marks.
(b) The website 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 website’s purposes.
(c) You understand that when using the UFCW Western States Council website, you will be exposed to UFCW Western States Council Content, User Content and other third-party content from a variety of sources, and that the UFCW Western States Council makes no warranty about the accuracy, usefulness, safety or intellectual property rights of or relating to such UFCW Western States Council Content, User Content or other third-party content. You further understand and acknowledge that you may be exposed to User Content that may be inaccurate, offensive, indecent or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against the UFCW Western States Council with respect thereto.
5. Digital Millennium Copyright Act
If you are a copyright owner or an agent thereof and believe that any UFCW Western States Council Content or User Content infringes upon your copyright, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing UFCW Western States Council’s 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 the UFCW Western States Council 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 email 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.
UFCW Western States Council’s designated Copyright Agent to receive notifications of claimed infringement is: UFCW Western States Council, 405 14th Street
Oakland, CA 94612; [email protected] You acknowledge that if you fail to comply with all of the above requirements, your DMCA notice may not be valid.
Please use the Contact Us form for any other feedback, comments, requests for technical support or other communications with the UFCW Western States Council.
6. Disclaimer of Warranty
THIS WEBSITE IS PROVIDED TO YOU “AS IS.” YOU AGREE THAT YOUR USE OF THE UFCW WESTERN STATES COUNCIL WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, UFCW WESTERN STATES COUNCIL, AS WELL AS ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS (COLLECTIVELY, THE “UFCW WESTERN STATES COUNCIL PARTIES”), DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. THE UFCW WESTERN STATES COUNCIL PARTIES CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS WEBSITE. NOR DO THE UFCW WESTERN STATES COUNCIL PARTIES GUARANTEE THAT THE WEBSITE WILL BE ERROR FREE, OR CONTINUOUSLY AVAILABLE, OR THAT THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE UFCW WESTERN STATES COUNCIL PARTIES DO NOT WARRANT, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE PROVIDED, ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE UFCW WESTERN STATES COUNCIL WEBSITE OR ANY WEBSITE HYPERLINKED OR FEATURED IN ANY BANNER OR OTHER ADVERTISING.
7. Limitation on Liability
IN NO EVENT SHALL THE UFCW WESTERN STATES COUNCIL 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 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 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 WEBSITE; (V) BUGS, VIRUSES, TROJAN HORSES OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR 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 WEBSITES OR ANY CONTENT POSTED, emailED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE UFCW WESTERN STATES COUNCIL WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT UFCW WESTERN STATES COUNCIL IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE THAT THE UFCW WESTERN STATES COUNCIL 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 agree to defend, indemnify and hold harmless the UFCW Western States Council Parties, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt and expenses (including, but not limited to, attorney’s fees), of whatever nature, arising from: (i) your use of the UFCW Western States Council website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third-party right, including without limitation any copyright, property or privacy right; or (iv) any claim that one of your submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the UFCW Western States Council website.
You and the UFCW Western States Council agree that any cause of action arising out of or related to the UFCW Western States Council website must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
These Terms of Service are made effective as of July 5, 2015.