Terms of Service

You must agree to the terms and conditions below in order to proceed.

Website Terms and Conditions

Privacy Policy/Terms of Use Effective January 18, 2013

Welcome to the IBEW Local 302 website. By using this site, you agree to all of the following terms and conditions and the privacy policy.

PRIVACY POLICY

• You can view many areas of this website without registering or providing any personal information. To view the Member Resources area of the site, you must register. IBEW Local 302 collects the following personal information from users who want to enter the Member Resources section: Name, Address, Phone Number, Cell Phone Number, E-mail address, IBEW Member Number, IBEW Local Number, Trade Classification and Username.

• Local 302 may share personal information obtained from website users with Local 302 officers and employees, the IBEW, and other IBEW-affiliated entities. Local 302 does not share this personal information with any other unaffiliated parties, except with your consent. Local 302 also uses personal information obtained through the website to efficiently and effectively represent our members. Except as expressly stated here, Local 302 keeps all of the personal information provided by website users confidential, and maintains it on a secure server.

• Personal information obtained from website users will be used strictly for internal union member communications and union administration. Local 302 or other IBEW-affiliated entities may use your email address to communicate with you, unless you opt of receiving such messages.

Any personal information you voluntarily disclose in a posting for the website becomes publicly available and may be collected and used by other users of the website. Any comments you post to this website may be displayed with your user name. Any comments you post to this

website may be displayed with your email address, if you consent to permit other members to view your email address.

Local 302 does not knowingly collect any personal information from persons under 13.

• To change any of the personal information included in your website registration, log in to the site and make the appropriate changes, or you may email the changes to webmaster@ibewlu302.com.

• Modifications to this privacy policy will be posted on the website. The home page will show the effective date of any modification to the policy. Continued use of the site after a modification to this policy is posted constitutes your consent to the modified policy.

Effective January 18, 2013

TERMS OF USE

1. Authorized Use

This web site is for the sole purpose of disseminating information to the members of IBEW Local 302 and all members of the IBEW. Access to the Member Resources section will be granted to all members of the IBEW in good standing.

Authorized users of this site will be expected to act in a harmonious and fraternal manner. If you are found to be harassing other members, or engaging in activities unbecoming of a member of the IBEW through this site, your access will be terminated. Violations of these terms

and conditions will result in access to this site being denied, in the sole discretion of IBEW Local 302.

Information contained in the Member Resources section of this site is confidential, and is for the sole use of members of IBEW Local 302. By using this site, you agree to maintain the confidentiality of this information. You understand that it is your responsibility to keep your user name and password confidential, and to notify IBEW Local 302 immediately of any unauthorized use of your account by contacting webmaster@ibewlu302.com. Authorized users who disclose information obtained from the Member Resources pages to non-members will lose their access privileges, and may be subject to internal union discipline under the IBEW Constitution or other legal action. The decision to terminate access to the Member Resources section of this site shall be in the sole discretion of IBEW Local 302.

2. Permissions and Restrictions

a. By accessing this site, 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 Use. In any case, you affirm that you are above the age of 13, as this site 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.

b. The content on this site is the sole property of IBEW LOCAL 302. Similarly, the trademarks, service marks and logos contained on this site are owned or licensed by IBEW LOCAL 302. Content from this site and trademarks, service marks, and logos posted on this site 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 IBEW LOCAL 302. IBEW LOCAL 302 reserves all rights not expressly granted in and to the content from this site and trademarks, service marks, and logos displayed on this site. Marks of other parties displayed on this website are the property of their respective owners.

c. This site is made available for your personal, non-commercial use only. You agree not to use this site 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. You agree not to collect any personally identifiable information of others, including user names or email addresses, from this site. To request permission to link from your website to this site, contact webmaster@ibewlu302.com .

d. You understand that when using this site, you will be exposed to IBEW LOCAL 302 Content, User Content, and other third-party content from a variety of sources, and that IBEW LOCAL 302 makes no warranty about the accuracy, usefulness, safety, or intellectual property rights of or relating to such IBEW LOCAL 302 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 IBEW LOCAL 302 with respect thereto.

e. This site may contain links to third party websites that are not owned or controlled by IBEW LOCAL 302. IBEW LOCAL 302 has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. We encourage you to

be aware when you leave this site and to read the terms and conditions and privacy policy of each other website that you visit.

f. You agree not to transmit or otherwise make available any content containing any “virus,” “worm,” “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. You agree not to alter or modify any part of this site. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses this site in a manner that sends more request messages to the IBEW LOCAL 302 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, IBEW LOCAL 302 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 LOCAL 302 reserves the right to revoke these exceptions either generally or in specific cases.

g. You agree not to circumvent, disable or otherwise interfere with security-related features of the Website or our sites or servers (or networks connected to our Website).

h. You agree not to harass, threaten, embarrass, or cause distress, unwanted attention, or discomfort to any other person or entity on or through this site. You agree not to transmit or otherwise make available on or through this site any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, or racially, ethnically, or otherwise objectionable, as solely determined by IBEW LOCAL 302.

i. IBEW LOCAL 302 reserves the right to change or discontinue any aspect of this site at any time, for any reason, and without notice to you.

j. IBEW LOCAL 302 reserves the right to suspend or terminate a user’s access to this site without prior notice and at IBEW LOCAL 302’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. IBEW LOCAL 302 reserves the right in its sole discretion to determine whether conduct violates conduct requirements for this site.

l. IBEW Local 302 reserves all rights under federal, state and local laws.

3. Posting Content to the Website

Some areas of this site permit authorized users to post comments (“User Content”). By posting any User Content on this site, you agree as follows:

a. By submitting User Content, you consent to our displaying it on this website. IBEW LOCAL 302 reserves the right, but not the obligation, to delete, move, condense, or edit User Content for any reason and without prior notice. IBEW LOCAL 302 also reserves the right to suspend or terminate a user’s access for posting User Content.

b. You are solely responsible for your own User Content and the consequences of posting or publishing it. You affirm, represent, and/or warrant that: you own, or have the necessary licenses, rights, consents, and permissions to use and authorize IBEW LOCAL 302 to use, all patent, trademark, trade secret, copyright or other proprietary rights in and to all User Content you submit to enable inclusion and use of such User Content in the manner contemplated by the Website and these Terms and Conditions.

c. You retain all of your ownership rights in your User Content. However, by submitting User Content to IBEW LOCAL 302, you hereby grant IBEW LOCAL 302 a worldwide, non-exclusive, royalty-free, sublicense able, perpetual, and transferable license to use, reproduce, store, distribute, prepare derivative works of and display your User Content (and your user name) in any medium in connection with the activities and operations of IBEW LOCAL 302 and its affiliated entities. You also hereby grant each user of this site a non-exclusive license to access your User Content through this site, and to use, reproduce, and distribute such User Content for such user’s personal, non-commercial purposes. You understand and agree that IBEW LOCAL 302 may retain, reproduce, distribute and otherwise use for any purpose copies of User Content that has been removed from this site. The above licenses granted by you are perpetual and irrevocable.

d. IBEW LOCAL 302 does not endorse, authorize or ratify any User Content, or any opinion, recommendation, or advice expressed therein, and IBEW LOCAL 302 expressly disclaims all liability in connection with User Content. IBEW LOCAL 302 does not permit copyright infringing activities and infringement of intellectual property rights on this site, and IBEW LOCAL 302 reserves the right, but does not assume the obligation, to remove any content from this site if notified that such content infringes on another’s intellectual property rights.

4. Digital Millennium Copyright Act Notification

If you are a copyright owner or an agent thereof and believe that any IBEW Local 302 Content or User Content infringes upon your copyright, you may submit a notification pursuant to the

Digital Millennium Copyright Act (“DMCA”) by providing IBEW Local 302’s Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

• 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 Local 302 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.

IBEW Local 302’s designated Copyright Agent to receive notifications of claimed infringement can be reached at copyright@ibewlu302.com . You acknowledge that if you fail to comply with all of the above requirements, your DMCA notice may not be valid. Please report any alleged copyright infringement as soon as you become aware of it.

5. Disclaimer of Warranty

THIS WEBSITE IS PROVIDED TO YOU “AS IS.” YOU AGREE THAT YOUR USE OF THIS SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, IBEW LOCAL 302, AS WELL AS ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS (COLLECTIVELY, THE “LOCAL 302 PARTIES”), DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS SITE AND YOUR USE THEREOF. THE LOCAL 302 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 LOCAL 302 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 LOCAL 302 PARTIES DO NOT WARRANT, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE PROVIDED, ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THIS SITE OR ANY WEBSITE LINKED OR OTHERWISE FEATURED ON THIS SITE.

6. Limitation on Liability

IN NO EVENT SHALL THE LOCAL 302 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, E-MAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE LOCAL 302 WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT LOCAL 302 IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE THAT THE LOCAL 302 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.

7. Indemnity

You agree to defend, indemnify and hold harmless the LOCAL 302 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 this site; (ii) your

violation of any term of these Terms of Use; (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 Use and your use of this site.

8. Miscellaneous

These Terms of Use and Privacy Policy shall be governed by the internal substantive laws of California without respect to its conflict of laws principles. Any claim or dispute between you and IBEW Local 302 that arises in whole or in part from the IBEW Local 302 website shall be decided exclusively by a court of competent jurisdiction located within the geographic jurisdiction of the U.S. District Court for the Northern District of California. These Terms of Use and Privacy Policy, together with any other legal notices published by IBEW Local 302 on the website, shall constitute the entire agreement between you and IBEW Local 302 concerning this website and supersedes prior agreements, if any, between you and IBEW Local 302 relating to any matter dealt with in these Terms of Use and Privacy Policy. If any provision of these Terms of Use or Privacy Policy is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect. No waiver of any term of these Terms of Use and Privacy Policy shall be deemed a further or continuing waiver of such term or any other term, and IBEW Local 302’s failure to assert any right or provision under these Terms of Use and Privacy Policy shall not constitute a waiver of such right or provision. These Terms of Use and Privacy Policy, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by IBEW Local 302 without restriction. These Terms of Use and Privacy Policy and the rights and obligations created hereunder shall be binding upon and inure solely to the benefits of the parties hereto and their respective successors and assigns, and nothing in these Terms of Use and Privacy Policy, 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 these Terms of Use and Privacy Policy.

These Terms of Use are made effective as of January 18, 2013.