Legal
Terms & Conditions
The
information in the Web site has been prepared solely for the purpose
of providing information about the American Association of Working
People (AAWP) and issues related to the working people, to its
members, and the general public. This Web site has been created in
good faith to provide accurate and authoritative information
regarding the subject matter covered. Because of the constantly
changing nature, guaranteeing absolute accuracy of the information
covered on this site is impossible. It is presented with the
understanding that AAWP is not engaged in rendering legal,
accounting, or other professional services. If legal advice or other
expert assistance is required the service of a competent
professional should be sought. The copyright on the materials and
information on this Web site belongs to, and remains with, the
American Association of Working People (AAWP). All rights are
reserved. Access to this information does not imply a right to
reproduce or distribute this material without prior consent from the
American Association of Working People (AAWP). © 1993-Present
American Association of Working People (AAWP)
Welcome to our website. These Terms of Use were last revised
on January 1, 2009.
These
Terms of Use (“Terms”) are a legal agreement between you and the
American Association of Working People (AAWP) and govern your use of
the AAWP Website (the “Website”). Use of and access to our Website
is subject to your compliance with these Terms, so please read them
carefully before using our Website. AAWP reserves the right to limit
or terminate your access to the Website for failure to comply with
the terms and policies posted on our Website, or for any reason at
any time.
BY
ACCESSING AND USING THE WEBSITE, YOU AGREE TO BE BOUND BY THESE
TERMS. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS, DO
NOT USE THE WEBSITE IN ANY MANNER.
MODIFICATIONS TO THE TERMS OF USE
AAWP may change, modify, update, add, or remove portions of these
Terms at any time. We will notify you of any material changes to
these terms and conditions by posting a notice on the Website;
however, you should check these Terms periodically for changes. Your
continued use of our Website following the posting of any changes
will signify your acceptance of those changes.
REGISTRATION
To
use certain parts of the Website, you will be asked to provide
certain information about yourself, including your first name,
e-mail address. In consideration of your use of the Website, you
agree to (a) provide accurate, current and complete information
about you that is requested by the registration forms (“Registration
Data”); and (b) maintain and update the Registration Data to keep it
accurate and complete. We will use this Registration Data in
accordance with the Website privacy policy.
PRIVACY POLICY
AAWP respects your desire for privacy and takes care to protect
personal information that you provide to us. The AAWP privacy policy
governs AAWP’s collection, use, disclosure and storage visitor’s
information can be found via the link entitled “privacy policy” at
the bottom of each page of the Website..
SECURITY POLICY
AAWP has implemented security measures to protect against the loss,
misuse, and alteration of the information under AAWP’s control.
These security measures are described in our privacy policy.
Although AAWP has taken the steps described in our privacy policy to
ensure that your personal information is delivered and disclosed
only in accordance with our privacy policy, AAWP cannot and does not
guarantee that any personal information you provide will not be
intercepted by others and decrypted.
USE
OF THE WEBSITE
AAWP provides you with access to a variety of resources. The
materials provided on our Website, may include, without limitation,
information, documents, images, articles, advice, time-saving tips
and checklists, (“Materials”), and are provided either by AAWP or by
others and may be copyrighted. Further, the compilation of all
Materials and other content on the Website is the exclusive property
of AAWP and is protected by U.S. and international copyright laws.
AAWP hereby grants you a limited license to use the Materials
provided by AAWP subject to these Terms, as long as the use of such
Materials is solely for your own personal and informational use.
Unless stated within the Materials, none of the Materials may be
copied, reproduced, distributed, republished, downloaded, displayed,
posted, or transmitted in any form or by any means, including but
not limited to electronic, mechanical, photocopying, recording, or
other means, without the prior express written permission of AAWP
and/or the appropriate owner. Also, you may not “mirror” any
Materials or content contained on our Website on any other server or
“frame” any Materials or content on our Website without prior
written consent by AAWP.
NO
UNLAWFUL OR PROHIBITED USE
While using the Website, you may not:
-
restrict or inhibit any other user from using or viewing the
Website;
-
post or transmit any unlawful, fraudulent, libelous, defamatory,
obscene, pornographic, profane, threatening, abusive, hateful,
offensive, or otherwise objectionable information of any kind,
including without limitation any transmissions constituting or
encouraging conduct that would constitute a criminal offense,
give rise to civil liability, constitute unauthorized practice
of a professional service, or otherwise violate any local,
state, national, or foreign law, including without limitation
U.S. export control laws and regulations;
-
post or transmit any advertisements, solicitations, chain
letters, pyramid schemes, investment opportunities or schemes,
or other unsolicited commercial communication (except as
otherwise expressly permitted by AAWP), or engage in spamming,
phishing, or flooding;
-
use any robot, spider, scraper, or other automated means to
access our Website or services for any purpose without our
express written permission; however, this provision shall not
apply to the indexing or updating of search engines; post or
transmit any information or software that contains a virus,
Trojan horse, worm, or other harmful component; post, publish,
transmit, reproduce, distribute, or in any way exploit any
information, software, or other material obtained through our
Website for commercial purposes; upload, post, publish,
transmit, reproduce, or distribute in any way information,
software, or other material obtained through our Website which
is protected by copyright or other proprietary right, or
derivative works with respect thereto, without obtaining
permission of the copyright owner or right holder;
-
upload, post, publish, reproduce, transmit, or distribute in any
way any component of our Website itself or derivative works with
respect thereto, as our Website is protected as a collective
work under U.S. copyright laws; or
-
use any “nametags” or any other “hidden text” utilizing AAWP’s
name or trademarks.
LINKS
TO THIRD PARTY WEBSITES; THIRD PARTY SERVICES, ADVERTISERS
In an effort to provide you with comprehensive resources and
information, our Website may contain links to third-party websites
which are not under the control of AAWP. AAWP is not responsible for
the content of any linked site or any link contained in a linked
site, or any changes or updates to such sites. AAWP is providing
these links to you only as a convenience, and the inclusion of any
link does not imply that AAWP endorses, guarantees, or accepts any
responsibility for the content on such a third-party site. If you
link to a third-party website, you will be subject to such website’s
legal terms and policies including, without limitation, such
website’s terms of use and privacy policy. In addition, AAWP may
accept advertising on our Website. Any dealings that you have with
advertisers found on AAWP are between you and the advertiser and you
acknowledge and agree that we are not liable for any loss or claim
you may have against an advertiser whether arising out of such
advertiser’s content, services or products. In connection with your
use of our Website, you may be made aware of services, products,
offers, and promotions provided by third parties, and not by AAWP.
If you decide to use third-party services, you are responsible for
reviewing and understanding the terms and conditions governing any
third-party services. You agree that the third party, and not AAWP,
is ultimately responsible for the performance of the third-party
services and/or the provision of the third-party products.
CHANGES TO THE WEBSITE
In an effort to continually improve the Website and its usefulness
to you, we may add additional services or make changes to existing
services. In the event that AAWP makes such changes, these Terms
shall apply to the new services and to any changes to existing
services.
POSTING OF CONTENT
Certain areas of the Website may allow you to post content including
your experiences, information, messages, or other material (“Your
Content”). Please be aware that these areas are public and not
confidential. You may only post Your Content to public areas of the
Website and areas where you have permission to post. You may not
post any content that violates these Terms of Use. By posting Your
Content to public areas on AAWP, you grant AAWP, its affiliates,
partners, and distributors an irrevocable, perpetual, non-exclusive,
transferable, fully paid up, worldwide license (with the right to
sublicense) to use, copy, display, perform, distribute, adapt,
create derivative works, and promote Your Content in any medium and
any manner whatsoever, and to use your display name to attribute
your postings to you. You are solely responsible for backing up or
creating copies of any content you post. In addition to Your
Content, you may submit feedback to us. We encourage you to provide
us feedback. You agree that we may use in any manner and without
limitation all comments, suggestions, complaints, and other feedback
you provide relating to Our Website, and that AAWP will own all
intellectual property that we create based upon or incorporating
your feedback. AAWP will determine in its sole discretion, whether
and how to respond to any complaints or other feedback.
NO
DUTY TO MONITOR
You agree that AAWP is not liable for content that is provided by
third parties. However, AAWP has the right to refuse to post or to
edit submitted content. AAWP reserves the right to remove content
for any reason without notice and in its sole discretion, but AAWP
is not responsible for any failure or delay in removing such
material.
CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that your copyrighted work has been copied and is
accessible on AAWP in a way that constitutes copyright infringement,
please contact us at the e-mail and/or postal addresses below to
report possible copyright infringement. When contacting us, please
provide AAWP copyright agent the following information, which is
mandated by the Digital Millennium Copyright Act (“DMCA). Please
note that the statements and information listed below must be
provided under oath and that any false statements or material
misrepresentations may subject the party making such statements to
liability, including prosecution for perjury.
A.
Notice and Take-down Request. If you are a copyright owner and
believe that any content on AAWP infringes upon your copyright, you
may submit a notification pursuant to the Digital Millennium
Copyright Act (“DMCA”) by providing our Copyright Agent with the
following information in writing (see 17 U.S.C. Section 512(c)(3)
for further detail):
-
A
physical or electronic signature of the owner of the copyright
or a person authorized to act on the owner’s behalf;
-
Identification of the copyrighted work claimed to have been
infringed, or, if multiple copyrighted works on AAWP are covered
by a single notification, a representative list of such works;
-
Identification of the material that is claimed to be infringing
and information reasonably sufficient to permit AAWP to locate
the material (for instance, by supplying the URL of the page
within AAWP where the material that is the subject of the notice
is located);
-
Information sufficient to permit AAWP to contact you, such as a
name, address, telephone number, and, if available, an e-mail
address;
-
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; and
-
A
statement that the information in the notification is accurate,
and under penalty of perjury, that you are authorized to act on
behalf of the copyright owner whose work or works are being
infringed.
You
acknowledge that if you fail to comply with all of the requirements
of this Section A, your DMCA notice may not be valid. Please note
that if you submit a false claim or materially misrepresent that
content on AAWP is infringing, you may be liable for damages,
including court costs and attorneys fees.
Upon
receiving a proper Notification of Alleged Copyright Infringement as
described in this Section A, we will remove or disable access to the
allegedly infringing material and promptly notify the alleged
infringer of your claim. We also will advise the alleged infringer
of the DMCA statutory Counter Notification procedure described below
in Section B by which the alleged infringer may respond to your
claim and request that we restore this material.
B.
Counter-Notice. If you have posted or otherwise provided content
to the Website that was removed subject to the process described
above and you believe that content is not infringing, or that you
have the authorization from the copyright owner, the copyright
owner’s agent, or pursuant to the law, to post and use the content
at issue, you may send a counter-notice containing the following
information to AAWP’s Copyright Agent at the physical and/or e-mail
address set forth in Section A above:
-
Your physical or electronic signature;
-
Identification of the content that has been removed or to which
access has been disabled and the location within AAWP at which
the content appeared before it was removed or disabled;
-
A
statement that you have a good faith belief that the content was
removed or disabled as a result of mistake or a
misidentification of the content; and
-
Your name, address, telephone number, and e-mail address, a
statement that you consent to the jurisdiction of the federal
court in which your address is located, and a statement that you
will accept service of process from the person who provided
notification of the alleged infringement.
If a
counter-notice is received by the Copyright Agent, AAWP may send a
copy of the counter-notice to the original complaining party
informing that person that AAWP may replace the removed content or
cease disabling it in 10 business days. Unless the copyright owner
files an action seeking a court order against the content provider,
member or user, the removed content may be replaced, or access to it
restored, in 10 to 14 business days or more after receipt of the
counter-notice, at AAWP’s sole discretion.
AAWP’s agent can be reached as follows:
By
Mail:
c/o AAWP Copyright Agent
4435 Waterfront Drive, Suite 101
Glen Allen, VA, 23060
By
e-mail:
wwilliams@aawp.org
WARRANTY DISCLAIMER
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE AND TO THE MAXIMUM EXTENT
PERMITTED BY LAW, THE WEBSITE AND ALL MATERIALS ON THE WEBSITE ARE
PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND AND
AAWP HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
NONINFRINGEMENT, AND TITLE. AAWP MAKES NO WARRANTY THAT THE WEBSITE
WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, THAT ACCESS TO OUR
WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR
THAT RESULTS FROM THE USE OF OUR WEBSITE WILL BE ACCURATE OR
RELIABLE. NO ORAL OR WRITTEN INFORMATION RECEIVED BY AAWP, ITS
SUPPLIERS, OR OBTAINED OTHERWISE WILL CHANGE THIS DISCLAIMER.
Some jurisdictions do not allow these limitations, so the above
limitations may not apply to you.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT AAWP SHALL NOT BE LIABLE FOR
ANY DIRECT DAMAGES OR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL,
CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO
ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, PROFITS, OR
OTHER INTANGIBLE LOSSES (EVEN IF AAWP HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE USE OF OR THE
INABILITY TO USE THE WEBSITE, REMOVAL OR TERMINATION OF THE WEBSITE,
OR DATA, ERRORS OR OMISSIONS IN CONTENT ON THE WEBSITE, STATEMENTS
OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE, OR ANY OTHER MATTER
RELATING TO OUR WEBSITE. IN NO EVENT SHALL AAWP’S CUMULATIVE
LIABILITY FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE WEBSITE
EXCEED $1,000. Some jurisdictions do not allow these limitations,
so the above limitations may not apply to you.
NO
PROFESSIONAL ADVICE
AAWP OFFERS INFORMATION RELATED TO, AMONG OTHER AREAS, WORKING
PEOPLE. THIS INFORMATION IS PROVIDED TO YOU FOR EDUCATIONAL AND
INFORMATIONAL PURPOSES ONLY. ANY INFORMATION FOUND ON THE WEBSITE IS
NOT A SUBSTITUTE FOR OBTAINING SPECIFIC MEDICAL, LEGAL, OR OTHER
PROFESSIONAL OR LICENSED SERVICES ADVICE DIRECTLY APPLICABLE TO YOUR
SITUATION. YOU SHOULD NOT RELY ON ANY INFORMATION ON THE WEBSITE AS
A SUBSTITUTE FOR SUCH SERVICES OR ADVICE.
THE
USE OF ANY INFORMATION PROVIDED ON THIS WEBSITE IS SOLELY AT YOUR
OWN RISK. ALWAYS SEEK THE ADVICE OF PROFESSIONAL. NEVER DISREGARD
PROFESSIONAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU
HAVE READ ON THE WEBSITE.
AAWP
PROVIDES NO ASSURANCES THAT THE INFORMATION CONTAINED IN THIS
WEBSITE WILL ALWAYS INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS
WITH RESPECT TO THE PARTICULAR MATERIAL.
INDEMNIFICATION
You shall indemnify, defend, and hold harmless AAWP, its affiliates,
and their respective officers, employees, and agents from any and
all claims, demands, damages, costs, and liabilities, including
reasonable attorneys’ fees, made by any third party due to or
arising out of your acts or omissions arising out of your use of
AAWP, any violation of this Agreement of or any law or the rights
of any third party.
GOVERNING LAW
You and AAWP agree that any claim or controversy at law or equity
that arises out of these Terms or your use of our Website shall be
governed by the law of the Commonwealth of Virginia (without regard
to conflict of law provisions) and that the United Nations
Convention on Contracts for the International Sale of Goods shall
have no applicability. You and AAWP agree that all claims and
actions related hereto shall be brought in the appropriate state or
federal court located in Richmond, Virginia, and you agree and
submit to the exercise of personal jurisdiction of such courts for
the purpose of litigating any such claim or action.
DISPUTES
YOU AGREE THAT THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND
ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF
THESE TERMS OF USE AND/OR THE WEBSITE (INCLUDING YOUR VISIT TO OR
USE OF AAWP) SHALL BE FINAL AND BINDING ARBITRATION, except that, to
the extent you have in any manner infringed upon or violated or
threatened to infringe upon or violate AAWP’s patent, copyright,
trademark or trade secret rights, or you have otherwise violated any
of the user conduct rules set forth above then the parties
acknowledge that arbitration is not an adequate remedy at law and
that injunctive or other appropriate relief may be sought.
Arbitration under this Agreement shall be conducted by the American
Arbitration Association (the “AAA”) under its Commercial Arbitration
Rules and, in the case of consumer disputes, the AAA’s Supplementary
Procedures for Consumer Related Disputes ( the “AAA Consumer Rules”)
(collectively the “AAA Rules”). The location of the arbitration and
the allocation of costs and fees for such arbitration shall be
Richmond, Virginia (unless otherwise provided by the AAA Consumer
Rules) and shall be subject to the limitations provided for in the
AAA Consumer Rules (for consumer disputes). If such costs are
determined to be excessive in a consumer dispute, AAWP will be
responsible for paying all arbitration fees and arbitrator
compensation in excess of what is deemed reasonable. The
arbitrator’s award shall be binding and may be entered as a judgment
in any court of competent jurisdiction.
To
the fullest extent permitted by applicable law, NO ARBITRATION OR
CLAIM UNDER THESE TERMS OF USE SHALL BE JOINED TO ANY OTHER
ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING
ANY OTHER CURRENT OR FORMER MEMBER OF OR VISITOR TO TSR, AND NO
CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED.
ASSIGNMENT
AAWP may assign these Terms of Use at any time to any subsidiary, or
any affiliated company, or as part of the sale to, merger with, or
other transfer of AAWP to another entity. You may not assign this
agreement.
INTERNATIONAL USE
AAWP is designed for users residing in the United States. We make no
representation that content on the Website is appropriate or
available for use in locations outside the United States. If you
choose to access AAWP from a location outside the United States, you
do so of your own initiative and you are responsible for compliance
with local laws.
MISCELLANEOUS
These Terms constitute the entire agreement between you and AAWP
regarding this subject matter, and they govern your use of the
Website. The failure of AAWP to exercise or enforce any right or
provision of these Terms does not constitute a waiver of such right
or provision. If a court of competent jurisdiction finds any
provision of these Terms to be invalid, the parties nevertheless
agree that the court should endeavor to give effect to the parties’
intentions as reflected in the provision, and the other provisions
of these Terms remain in full force and effect. Regardless of any
statute or law to the contrary, any claim or cause of action arising
out of or related to use of AAWP or these Terms must be filed within
one (1) year after such claim or cause of action arose or be forever
barred. The section titles in these Terms are for convenience only
and have no legal or contractual effect.
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