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APA Teamsters Local 1224 Disclaimer & Agreement

Airline Professionals Association Teamsters Local 1224 (hereinafter "APA") terms and conditions of use for the APA website and purchase of products or services. By this website, you agree to be bound by these terms and conditions in exchange for valuable consideration, including but not limited to the use of the website, the receipt and sufficiency of which is hereby acknowledged.

The APA website, including all of its features, products and services offered by or through the website ("Website") is made available by APA and all content, information, including, but not limited to the Night Flyer and Red Book Schedule materials, products, including software, provided, offered or sold on and through the website (collectively referred to as "Content") may be used solely under the following terms and conditions.

1.	Website Limited License. As a user of this Website you are granted a nonexclusive, nontransferable, revocable, limited license to access and use the Website and Content in accordance with this Agreement.  APA may terminate this license at any time for any reason. Unless otherwise specified, the APA Website is 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 Website except for your limited perusal and non-commercial use.

2.	As a condition of your use, you will not use the Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Website in any manner that could damage, disable, overburden, or impair any APA Website(s) (or the network(s) connected to any APA Website or interfere with any other party's use and enjoyment of any APA Website(s). You may not attempt to gain unauthorized access to any APA Server, accounts, computer systems or networks connected to any APA 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 APA Website.

3.	Use of Website. The APA Website, products and services may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable you to communicate with others (collectively referred to as "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

a.	Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
b.	Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information. 
c.	Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents to do the same. 
d.	Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
e.	Advertise or offer to sell any goods or services for any business purpose.
f.	Download any file posted by another user of Communication Services that you know, or reasonably should know, cannot be legally distributed in such manner. 
g.	Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded. 
h.	Restrict or inhibit any other user from using and enjoying the Communication Services. 
i.	Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service. 
j.	Harvest or otherwise collect information about others, including e-mail addresses. 
k.	Violate any applicable laws or regulations. 
l.	Create a false identity or give false of misleading information.
m.	Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of a APA Website(s) or other user or usage information or any portion thereof. 
n.	Use the Communication Service in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).

4.	APA has no obligation to monitor any Communication Services. However, APA reserves the right to review and destroy e-mails or materials posted or sent to a Communication Service and to remove any materials in its sole discretion. APA reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.

5.	APA reserves the right at all times to disclose any information as APA deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in APA's sole discretion.

6.	General Terms Regarding Use and Storage. You agree that APA may establish limits concerning use of any service offered on the Website, including without limitation, offering communication via e-mail, the maximum number of days that e-mail messages will be retained by the service, the maximum number of e-mail messages that may be sent from or received by an account on the service, the maximum size of an e-mail message that may be sent from or received by an account on the service, the maximum disk space that will be allotted on APA's servers on your behalf, and the maximum number of times and duration you may access the service in a given period of time.

7.	You agree that APA has no responsibility or liability for the deletion, response to, corruption or failure to respond or store any messages or other content maintained or transmitted by the service. You acknowledge that APA reserves the right to delete accounts that are inactive for sixty (60) days or more.

8.	APA makes no warranty that the website or any service provided by APA or any of its affiliates will be uninterrupted, timely, secure or error-free.

9.	Limitations on Use. As mentioned earlier, the Content on this Website is for personal use only and not for commercial exploitation. Notwithstanding the foregoing, to the extent this Website provides electronic commerce, such buying opportunities may be made available for group as well as personal purchasing, so long as you are authorized to make purchases on behalf of such group. You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from the Website 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 Website or the Content without APA's prior written permission. You may not copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit or public purposes all or any portion of the Website, except to the extent permitted above and authorized in writing by APA. You may not use or otherwise export or re-export the Website or any portion thereof, or provide deep links, the Content or any software available on or through the Website in violation of the export control laws and regulations of the United States of America. Any unauthorized use of the Website or its Content is prohibited.

10.	Software and Content Available Through or From the APA Website.  All Content and Software (if any) that is made available to view and/or download in connection with the APA Website is owned by and is the copyrighted work of APA and/or its suppliers and is protected by copyright laws and international treaty provisions. Your use of the Software is governed by the terms of the end user license agreement which accompanies or is included with the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms.  For any Software not accompanied by a license agreement, APA hereby grants to you, the user, a revocable personal, non-transferable license to use the Software for viewing and otherwise using the particular Software in accordance with this Agreement and for no other purpose and provided that you keep intact all copyright and other proprietary notices.  You may not download or transfer the Software to any third parties.  Any reproduction, disclosure or redistribution of the content and/or Software is expressly prohibited by law and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Without limiting the foregoing, copying or reproduction of the content or software to any other server or location for further reproduction or redistribution is expressly prohibited. You acknowledge that the Software and Content, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the USA. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to USA export restrictions.

11.	Shopping. The purchase of any product or service from this Website is a transaction solely between you and the merchant that supplies the product or service, and any question or dispute you may have regarding any such product or service should be addressed directly to the responsible merchant. You agree that APA has no responsibility or liability for any products or services from the merchant or your relationship with such merchant.

12.	You are responsible for paying the entire amount due on any purchase within thirty (30) days of invoice, including any applicable taxes, shipping and other charges assessed by the merchant. With respect to applicable taxes, the merchant will advise you subsequently of the exact amount of tax due on your purchase.  APA has no responsibility whatsoever for any miscalculation or omission by a merchant of applicable taxes on any sale.  You represent and warrant that you are at least 18 years of age and that you possess the legal right to enter this Agreement.  You agree that you will not use any purchased product for any unlawful act, such as an act of terrorism.  Risk of loss for any product purchased through the Website is transferred when the product is delivered to a delivery courier.

13.	Intellectual Property Rights. Nothing contained herein shall be construed as conferring any license or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights. You agree that the Content and Website is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You agree to notify APA promptly regarding any alleged infringement of any APA copyright or trademark.

14.	Linking to or From the Website. You may provide links only to the homepage of this Website, provided (a) you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on this Site, (b) you give APA notice of such link by sending an e-mail to Elizabeth Lykins at elykins@apal1224.org, and (c) you immediately discontinue providing links to this Website if requested by APA. If you wish to provide links to a section within the Website, you should forward your request to APA at elykins@apal1224.org and APA will notify you if permission is granted, and if so the terms and conditions of the permission.

15.	The APA Website, Content, products and services may contain links to third party Websites ("Linked Sites"). Such linked sites may or may not offer products or services, and APA does not guarantee, warrant or endorse any information, product or service offered or sold by a merchant in APA, nor do we have any liability or responsibility for the quality or performance of any product or service sold to you by another merchant.  The Linked Sites are not under the control of APA and APA is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site.  APA is not responsible for webcasting or any other form of transmission received from any Linked Site nor is APA responsible if the Linked Site is not working appropriately.  APA is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by APA 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 APA website has been prepared as a convenience to its users and the internet community and is not intended to constitute legal advice.  APA does not warrant or guarantee the accuracy, completeness, adequacy or currency of the information contained in or linked to this website. Users of information from this website or links do so at their own risk.

16.	Any dealings with third parties (including advertisers) included within the APA Website, 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.  APA shall not be responsible or liable for any part of any such dealings or promotions.

17.	Materials Provided to APA or Posted at This Website: APA does not claim ownership of the materials or information you provide to APA (including feedback and suggestions) or post, upload, input or submit to APA, products and services or its associated services for review by the general public (each a "Submission" and collectively "Submissions"). However, by posting, uploading, e-mailing, inputting, providing or submitting your Submission, You are granting APA, its affiliated companies and sublicensees a fully paid-up right and permission to use, reproduce or disclose your Submission including, without limitation, the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

18.	No compensation will be paid with respect to the use of your Submission, as provided herein. APA is under no obligation to post or use any Submission you may provide and APA may remove any Submission at any time in its sole discretion.  You agree that any Submission is on a non-confidential basis and APA is free to use any Submission free of charge and that you will only rely on Copyright or Patent laws as to such submissions.

19.	By posting, uploading, e-mailing, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, e-mail, post, upload, input or submit the Submissions.

20.	No Solicitation. Users shall not distribute on or through the Website any content or material containing any advertising, solicitation for goods, services or funds or solicitation for users to become members of any enterprise or organization without the express written permission of APA.

21.	Advertisers. This Website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Website is accurate and complies with applicable laws. You agree that APA will not be responsible for the illegality of or any error or inaccuracy in advertisers' or sponsors' materials.

22.	Registration. Certain sections of this Website require you to register. If registration is requested, you agree to provide APA with accurate, complete registration information. It is your responsibility to inform APA of any changes to that information by e-mailing APA at the e-mail address located on the site. If you open an account, such as is necessary to order products or services from APA, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form.You then will choose a password and an user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account.  You agree to notify APA immediately of any unauthorized use of your account or any other breach of security.  APA will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by APA or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder. Each registration is for a single User only, unless specifically designated otherwise on the registration page. APA does not permit a) any other person using the registered sections under your name; or b) access through a single name being made available to multiple users on a network. You are responsible for preventing such unauthorized use. If you believe there has been unauthorized use, you must notify APA immediately by e-mailing APA to the e-mail addresses located on the Website.

23.	Errors and corrections disclaimer. APA does not represent or warrant that the website will be error free, free of viruses or other harmful components, or that defects will be corrected. APA does not warrant or represent that the information or content available on or through the website will be correct, accurate, timely, or otherwise reliable. APA may make improvements and/or changes to its features, functionality or content at any time.

24.	Content disclaimer. APA and third party content may appear on this website or may be accessible via links from this website. APA shall not be responsible for and assumes no liability for any information provided on the website, mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any content appearing on the website or at websites linked to the website. You understand that the information and opinions in the content is neither endorsed by nor does it necessarily reflect the belief of APA and you may not rely on such content as a basis for a legal right or as constituting a legal  obligation on behalf of APA.

25.	Other disclaimers. This website, software, products and services are all provided on an "as is" basis. APA expressly disclaims all warranties, including the warranties of merchantability, fitness for a particular purpose and non-infringement. APA disclaims all responsibility for any loss, injury, claim, liability, or damage of any kind resulting from, arising out of or any way related to (a) any errors in or omissions from this website and the content, including but not limited to technical inaccuracies and typographical errors, (b) any third party websites or content therein directly or indirectly accessed through links in this website, including but not limited to any errors in or omissions therefrom, (c) the unavailability of this website or any portion thereof, (d) your use of this website, or (e) your use of any products, equipment or software purchased or used in connection with this website.

26.	Changes are periodically made to the APA website, content, products and services and to the information therein.  APA and/or its respective suppliers or affiliates may make improvements and/or changes in the APA site, products and services at any time.

27.	As mentioned earlier, all such information, software, content, products, services and related graphics are provided "as is" without warranty of any kind.  Apa and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, software, content, products, services and related graphics, including all implied warranties and conditions of merchantability, fitness for a particular purpose, workmanlike effort, title and non-infringement.

28.	You specifically agree that APA shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through an APA website. You specifically agree that APA is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights. You specifically agree that APA is not responsible for any content sent using and/or included in this APA website.

29.	In no event shall APA and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the APA website, products, content and services, with the delay or inability to use the APA website, products, content and services or related services, the provision of or failure to provide services, or for any information, software, content, products, services and related graphics obtained through the APA website, products and services, or otherwise arising out of the use of the APA website, products and services, whether based on contract, tort, negligence, strict liability or otherwise, even if APA or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the APA website, products and services, or with any of these terms of use, your sole and exclusive remedy is to discontinue using APA services and website or return products to their respective merchants within thirty (30) days after purchase.

30.	Limitation of liability. APA shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting from your use of the website. APA shall not be liable for any special, direct, indirect, incidental, or consequential damages of any kind whatsoever (including, without limitation, attorneys' fees) in any way due to, resulting from, or arising in connection with the use of or inability to use the website or the content on either. To the extent this limitation on liability is prohibited, APA's sole obligation to you for damages shall be limited to $100.00 or a refund of the amounts paid to APA.

31.	Unlawful Activity. APA 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.  
32.	You agree to indemnify and hold APA, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the APA Website, products and services. APA reserves the right to disclose any personal information about you or your use of the APA Website, products and services, including its contents, without your prior permission if APA 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 APA or its affiliated companies; (3) enforce the terms or use; or (4) act to protect the interests of its members or others. APA's performance of this Agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of APA's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the APA Website, products and services or information provided to or gathered by APA with respect to such use.

33.	Indemnification. You are solely liable for any content, messages or other information you transmit, provide or upload to the Website or otherwise provide to APA. You agree to indemnify and hold harmless APA from any third party claim, action, demand, loss, or damages (including attorney's fees and costs) arising out of or relating to your violation of the terms of this Agreement, your use of the Website, or your violation of any rights of a third party.

34.	Remedies for Violations. APA reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including but not limited to the right to block access from a particular Internet address to the APA's Websites and their features.

35.	Governing Law and Jurisdiction. This Agreement shall be governed in all respects by the laws of the Untied States of America and by the laws of the State of Ohio, 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 Southern Ohio, United States of America, or in an appropriate court in Montgomery county, Ohio, U.S.A., and the parties hereby submit to the personal jurisdiction and further agree that venue of these courts is proper.

36.	Privacy.  Your use of the Website is subject to APA's Privacy Policy, available through this link.

37.	Severability of Provisions. The terms of this Agreement incorporate by reference any notices contained on the Website constitute the entire agreement with respect to access to and use of the Website. If any provision of the terms of this Agreement is unlawful, void or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.

38.	Modifications to Terms of Use. APA reserves the right to change the terms of this Agreement at any time. Updated versions of the terms of this agreement will appear on this Website and are effective immediately. You are responsible for regularly reviewing the terms of this Agreement. Continued use of the Website after any such changes constitutes your consent to such changes.

39.	Trademarks.  APA, NIGHT FLYER, RED BOOK,  IBT 1224, 1224, AIRLINE PROFESSIONALS ASSOCIATION, AIRLINE PROFESSIONALS ASSOCIATION APA, APA 1224, APA1224.ORG, IBT1224.ORG and all logos relating thereto and/or other trademarks, service marks and/or domain names referenced herein are either trademarks or registered trademarks of APA.  The names of actual companies and products mentioned herein may be the trademarks of their respective owners.  Any rights not expressly granted herein are reserved.

40.	Termination/Access Restriction. APA reserves the right, in its sole discretion, to terminate your access to any or all APA Website, products and services and the related services or any portion thereof at any time, without notice.   APA may also terminate or suspend your access to APA Website, products and services for inactivity, which is defined as failing to log into a particular service for an extended period of time, as determined by APA. The amount of time that APA currently considers as an "extended" period of time may be viewed in the FAQ relating to the particular service. Upon termination of the APA Website, products and services, your right to use the APA Website, products and services immediately ceases.  APA shall have no obligation to maintain any content or to forward any unread or unsent messages to you or any third party.

41.  	No Spam; Damages. APA will immediately terminate any account which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated then you agree to pay APA liquidated damages of $5 (US Currency) for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your account, otherwise you agree to pay APA's actual damages, to the extent such actual damages can be reasonably calculated.

42.	No Joint Venture. You agree that no joint venture, partnership, employment, or agency relationship exists between you and APA as a result of this Agreement or use of the APA Website, products and services.

43.	Entire Agreement.  Unless otherwise specified herein, this Agreement constitutes the entire agreement between the user and APA with respect to the APA Website, products and services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and APA with respect to the APA Website, products and services.

44.	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.

45.	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.

30	Confidentiality of User Information.  You are responsible for maintaining the confidentiality of your password and account. You are fully responsible for all activities that occur using your password or account. Please notify APA immediately of any unauthorized use of your password or account or any other breach of security. APA will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You may not use anyone else's password at any time.

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agreeing to the terms and conditions expressed above.

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