Terms & Conditions

USER AGREEMENT

UFCW Locals 555 maintains their Website and Social Media Pages (the “Websites”) for your personal information, education, and communication.  Please feel free to browse the Websites. You can download material displayed on the Websites for non-commercial, personal-use only, provided you also retain all copyright and other proprietary notices contained on the materials.  You may not, however, distribute, modify, transmit, reuse, re-post, or use the content of the Websites for any public or commercial purposes, including the text, images, audio, and video without UFCW Locals 555’s written permission.  Your access to and use of the Websites is also subject to the following terms and conditions (“Terms and Conditions”) and all applicable laws.  By accessing and browsing the Websites, you accept, without limitation or qualification, these Terms and Conditions.  If you do not agree to these Terms and Conditions, please do not use the Site.

Terms and Conditions

A. Your Acceptance:

The replies to official posts expressed on the Websites represent the views of individuals, and not necessarily the views of UFCW Local 555, or of any of its officers, directors, employees, or agents.  All users of the Websites agree that their access to and use of the Websites are subject to the terms and conditions set forth in this legal notice and all applicable laws, and that any such access or use is undertaken at the user’s own risk. These terms and conditions are subject to change at any time without prior notice. By visiting the Websites you agree to these terms and conditions. Please follow the terms and conditions of any social media host website, as well as these terms and conditions, if posting comments or other material.

B. Website Limited License:

As a user of the Websites you are granted a nonexclusive, nontransferable, revocable, limited license to access and use the Websites and content in accordance with this Agreement.  UFCW Local 555 may terminate this license at any time for any reason. Unless otherwise specified, the Websites are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, link to, create derivative works from, transfer, or sell any information, software, products, services or other content obtained from or through the Websites except for your limited personal and non-commercial use.

As a condition of your use, you will not use the Websites for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Websites in any manner that could damage, disable, overburden, or impair the Websites, or the network(s) connected to any UFCW Local 555 website, or interfere with any other party’s use and enjoyment of the Websites. You may not attempt to gain unauthorized access to any UFCW Local 555 server, accounts, computer systems or networks connected to any UFCW Local 555 Website, through any means, such as hacking, password mining or any other means. You may not obtain or attempt to obtain any content, materials or information through any means not intentionally made available through the Websites.

While UFCW Local 555 makes reasonable efforts to include accurate and up-to-date information in the Websites, Local 555 makes no warranties or representations as to the Websites’ accuracy. UFCW Local 555 assumes no liability or responsibility for any errors or omissions in the content of the Website.  The contents should not be relied upon in making or refraining from making any decision

C. General Use of Social Media Groups – Permissions and Restrictions

Individual posts from third parties do not necessarily reflect accurate interpretations of your Collective Bargaining Agreement. Questions about the terms and conditions of your employment should be directed to your UFCW Local 555 Staff by calling 1-800-452-8329. UFCW Local 555 is not responsible for content linked to social media accounts.

Be aware of policies – which vary by employer – regulating communications over social media. Never post inappropriate work or other personal information. If your post can lead to civil liability or criminal charges, it is inappropriate.

Use discretion when posting on publicly accessible social media platform.

Do not disparage individuals, companies, unions, or other organizations. Posts which will be subject for removal include: (I) language that is disparaging, abusive, profane, hurtful, defamatory, harassing, or otherwise offensive, (II) postings which violate copyright or trademark laws, or that are otherwise unlawful, and (III) posts which could be harmful to UFCW Local 555, its mission, purpose, or any collective bargaining campaign, or to members represented by UFCW Local 555.

Only post material which is relevant to existing content or, generally, to the mission of UFCW Local 555, and do not make duplicate postings.  Do not post spam, advertisements, or solicitations.

UFCW Local 555 reserves the right to remove information which violates privacy laws, industry regulations or postings that don’t follow any host social media websites terms of use.

Repeat offenses of the terms and conditions, or any other notices, may lead to permanent bans from the social media pages created by UFCW Local 555.

Please contact Miles Eshaia (meshaia@ufcw555.org) if you believe there is objectionable content posted on the Websites.

D. Warranty Disclaimer and Limitation of Liability:

All content on the Websites is provided solely for educational and promotional purposes.  Your use and browsing of the Websites is at your own risk.  The content could include technical inaccuracies or other errors.  All content on the Websites is provided to you “as is” without warranty of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, non-infringement, and fitness for a particular purpose.  UFCW Local 555 does not warrant that the use of the Websites will be uninterrupted or error-free, that defects will be corrected, or that our Websites, or the server(s) that makes it available, are free of viruses or other harmful components.  You are responsible for taking all-necessary precautions to ensure that any content you may obtain from the Websites are free of viruses or other harmful code.  UFCW Local 555 does not warrant or make any representations regarding the correctness, accuracy, or reliability of any content available through the Websites.  You are responsible for verifying any information before relying on it.

To the fullest extent permitted by law, UFCW Local 555, as well as its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Websites and your use thereof. In no event shall UFCW Local 555, its officers, directors, employees, or agents, be liable to you or anyone else for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever, whether or not they are foreseeable, relating to or resulting from the Websites, 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 the Websites, (III) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (IV) any interruption or cessation of transmission to or from our Websites, (V) any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through our Websites by any third party, and/or  (VI) any errors or omission in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the Websites, whether based on warranty, contract, tort, or any other legal theory, and whether or not UFCW Local 555 is advised of the possibility of such damages. UFCW Local 555 cannot and does not warrant the accuracy, completeness, currentness, noninfringement, merchantability or fitness for a particular purpose of the Websites’ content or the content of any sites linked to the Websites.  You specifically acknowledge that UFCW Local 555 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 indemnify and hold harmless UFCW Local 555 against any and all claims, of whatever nature, that arise out of your use of and access to the Websites or your violation of any of this user agreement. This indemnification obligation will survive this user agreement and your use of the Websites.

The foregoing warranty disclaimer and limitation of liability shall apply to the fullest extent permitted by the law in the applicable jurisdiction and will survive these terms and conditions and your use of the Websites.

E. Indemnity:

You agree to defend, indemnify and hold harmless UFCW Local 555, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (I) your use of and access to the Websites; (II) your violation of any term of these Terms and Conditions; (III) and your violation of any third party right, including without limitation any copyright, property, or privacy right. This defense and indemnification obligation will survive these Terms and Conditions and your use of the Websites.

UFCW Local 555 has the right, in its sole judgment, to block access from a particular internet address or to suspend or terminate a user’s account for violations of these Terms and Conditions. In addition, UFCW Local 555 reserves the right to seek all remedies available at law and in equity for violations of these Terms and Conditions.

Images displayed on the Websites are either the property of, or used with permission or under fair use laws by, UFCW Local 555. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms and Conditions or specific permission provided elsewhere on the Websites. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

UFCW Local 555 provides links on the Websites to external websites.  These links are provided to help you find additional information quickly and easily.  Although UFCW Local 555 makes great effort to do so, it has not reviewed all of the sites linked to the Websites and is not responsible for the content of any off-site pages or any other sites linked to the Websites. Your linking to any other off-site pages or other sites is at your own risk.   UFCW Local 555 provides these links to you only as a convenience, and the inclusion of any link does not imply endorsement by UFCW Local 555 of the site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the linked sites.

Any information, legal or otherwise, contained, referred to, or linked to the UFCW Local 555 Websites has been prepared as a convenience to its users and the internet community and is not intended to constitute legal advice.  UFCW Local 555 does not warrant or guarantee the accuracy, completeness, adequacy or currency of the information contained in or linked to the Websites. Users of information from the Websites or links do so at their own risk.

UFCW Local 555 may at any time revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions to which you are bound.

UFCW Local 555 reserves the right to change or discontinue any aspect of the Websites at any time, for any reason, without notice.

F. Limitations on use:

The content on the Websites is for personal use only and not for commercial exploitation. Notwithstanding the foregoing, to the extent the websites provides electronic commerce, such buying opportunities may be made available for group as well as personal purchasing, so long as you are authorized and qualified for such purchases and promotions. You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from the Websites or the content. Nor may you use any network monitoring or discovery software to determine the site architecture, or extract information about usage or users. You may not use any automatic device or manual process to monitor or copy our Websites or the content without UFCW Local 555’s prior written permission.

Any dealings with third parties (including advertisers) included through the Websites, products and services or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the third party.  UFCW Local 555 shall not be responsible or liable for any part of any such dealings or promotions.

G. Electronic Communication:

UFCW Local 555 may at times communicate with you through electronic means, such as e-mailing, SMS/TXT messaging, polls, etc.  The use of this technology will be in accordance with the Privacy Policy.  Furthermore such communications are auxiliary in nature and not to be considered as an official form of communication.  UFCW Local 555 reserves all official forms of communication to U.S. Mail.

H. Privacy Policy:

Your use of the Websites is subject to UFCW Local 555’s Privacy Policy.  This policy applies only to information collected online through the Websites and does not describe the ways in which we may collect or use information obtained offline or through means other than our Websites.

Any personal data submitted to UFCW Local 555 through the Websites will be used for the purpose of monitoring the reach and usability of the Websites, as well as to assist UFCW Local 555 communicate with you about the Local’s agenda, member benefits, events, and other purposes related to the mission of the Local.  We may also share your information with the UFCW International Union for similar purposes.  No personal data will be passed to any other third party, with the following caveats on disclosure.

I. Disclosures:

UFCW Local 555 reserves the right to investigate complaints or reported violations of the terms of this Agreement and to take any action it deems appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties, and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.  UFCW Local 555 reserves the right to disclose any personal information about you or your use of the Websites, products and services, including its contents, without your prior permission if UFCW Local 555 has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of UFCW Local 555 or its affiliated companies; (3) enforce the terms or use; or (4) act to protect the interests of its members or others. UFCW Local 555’s performance of this Agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of UFCW Local 555’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Websites, products and services or information provided to or gathered by UFCW Local 555 with respect to such use.

J. Miscellaneous:

This User Agreement, together with any other legal notices published by UFCW Local 555 on the Websites, shall constitute the entire agreement between you and UFCW Local 555 concerning the Websites and supersedes prior agreements, if any, between you and UFCW Local 555 relating to any matter dealt with in the User Agreement.  No waiver of any term of this User Agreement shall be deemed a further or continuing waiver of such term or any other term, and UFCW Local 555’s failure to assert any right or provision under this User Agreement shall not constitute a waiver of such right or provision. This User Agreement, and any rights and licenses granted here-under, may not be transferred or assigned by you, but may be assigned by UFCW Local 555 without restriction. This User Agreement and the rights and obligations created here-under shall be binding upon and inure solely to the benefits of the parties hereto and their respective successors and assigns, and nothing in this Agreement, express or implied, is intended or should be construed to confer upon any other person any right, remedy or claim under or by virtue of this Agreement.

K. Governing Law and Jurisdiction:

This User Agreement shall be governed in all respects by the laws of the Untied States of America and by the laws of the State of Oregon, irrespective of its choice of law provisions.  Any suit brought by either party against the other on the basis of any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be brought in either the United States District Court of Oregon, United States of America, or in an appropriate court in Multnomah County, Oregon, U.S.A., and the parties hereby submit to the personal jurisdiction and further agree that venue of these courts is proper.

A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

L. Severability:

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

The failure of UFCW Local 555 to exercise any right or remedy under these terms and conditions shall not constitute a waiver of that right or remedy.

M. Effective Date:

This User Agreement was updated and effective as of April 8, 2016.