Terms of Service

AGREEMENT TO TERMS

These Terms of Use constitute a legally binding agreement between you, whether personally or on behalf of an entity (“you”), Union Worx, LLC, and, where applicable, the subscribing local union, benefit office, apprenticeship program, or other organization identified in the Site settings as TEST 22. Union Worx, LLC provides the software platform, hosting, payment and messaging integrations, and related technology services used to operate the Site. TEST 22 uses the Site to administer its own membership, dues, communications, dispatch, merchandise, records, and related services.

By accessing the https://customer-demo.unionworx.cloud website, mobile application, or any other media form, media channel, mobile website, or related service connected to the Site (collectively, the “Site”), you agree to be bound by these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms, policies, and documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference.

We reserve the right, in our discretion, to make changes or modifications to these Terms of Use at any time when reasonably necessary to reflect changes to the Site, applicable law, or our business practices. We will update the “Last updated” date when changes are made. It is your responsibility to review these Terms of Use periodically. Your continued use of the Site after revised Terms of Use are posted means that you accept those changes.

Nothing in these Terms of Use is intended to limit any non-waivable rights or remedies you may have under applicable law, including consumer protection, privacy, or similar laws in your province, territory, state, or country of residence.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where that distribution or use would be contrary to law or regulation or would subject us to any registration requirement in that jurisdiction or country. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws to the extent those laws apply.

The Site is intended only for users who are at least the age of majority in their province, territory, state, or country of residence, and in all cases not younger than 18 years old. Persons who do not meet that requirement are not permitted to register for or use the Site.

 

PLATFORM ROLE AND LOCAL RESPONSIBILITIES

Union Worx, LLC provides software-as-a-service, mobile application, hosting, and related support tools for organizations such as TEST 22. Unless expressly stated otherwise in a separate written agreement, Union Worx, LLC does not set membership rules, determine eligibility, control dues rates, decide dispatch outcomes, guarantee employment opportunities, administer benefits, or make final determinations regarding user accounts, refunds, classifications, referrals, or other local-specific matters.

TEST 22 remains solely responsible for its own dues amounts, late fees, reinstatement fees, taxes, merchandise pricing, membership rules, eligibility decisions, dispatch or referral processes, benefit administration, refunds, account corrections, and user-facing administrative decisions. If you have a dispute regarding those matters, you must work directly with TEST 22 unless the issue relates specifically to Union Worx, LLC’s technology platform or services.

 

PAYMENTS

Payments made through the Site may include member dues, associated local fees, applicable federal, provincial, territorial, state, local, sales, use, value-added, GST, HST, PST, or QST taxes, merchandise, and other charges authorized by TEST 22. These amounts are set by TEST 22.

You authorize Union Worx, LLC and its service providers, on behalf of TEST 22, to process charges and, if necessary, initiate adjustments related to your transactions.

The transaction processing fee of includes card brand fees, interchange fees, processing costs, and platform-related markup associated with using the Union Worx payment workflow.

All payment disputes relating to dues amounts, local fees, refunds, late fees, reinstatement fees, eligibility, merchandise, or account corrections are handled by TEST 22. Refunds, if any, are issued at the discretion of TEST 22 unless otherwise required by law.

 

AUTOMATIC PAYMENTS

You may authorize recurring automatic payments by providing a valid credit card through the Site. Automatic payments are available only for credit cards and are not available for other payment methods unless we expressly offer them in writing through the Site.

You authorize Union Worx, LLC and its payment service providers, on behalf of TEST 22, to store the credit card you provide, as updated from time to time by you or through card account updater services made available by payment processors or card networks (the “Stored Credential”).

You authorize recurring charges to the Stored Credential for the payment amounts you select or otherwise authorize through the Site, including member dues, processing fees, taxes, late fees, reinstatement fees, and other applicable amounts shown on your account. Recurring charges will be scheduled for the payment day you choose through the Site. The amount charged may vary if your dues rate changes, taxes change, or additional authorized fees apply.

You may revoke your authorization for future recurring charges by turning off automatic payments through the Site or by contacting TEST 22 before the next scheduled charge date. Revocation does not affect charges already submitted for processing, any amounts already due, or any other obligations you owe to TEST 22.

If a scheduled recurring payment fails, you authorize another attempt during the following applicable payment period unless automatic payments have been revoked before that attempt is initiated. Failed payments may result in additional late fees, reinstatement fees, restrictions, or other consequences imposed by TEST 22 in accordance with its policies and applicable law.

 

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright, trademark, and other intellectual property laws. The Content and the Marks are provided on the Site on an “AS IS” basis for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited, revocable, non-exclusive, non-transferable license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your internal, personal, or other authorized non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content, and the Marks.

 

USER REPRESENTATIONS

By using the Site, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of that information and promptly update it as necessary; (3) you have the legal capacity to enter into these Terms of Use and agree to comply with them; (4) you are at least the age of majority in your province, territory, state, or country of residence, and in all cases not younger than 18 years old; (5) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise, except as expressly authorized by us in writing; (6) you will not use the Site for any illegal or unauthorized purpose; and (7) your use of the Site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any current or future use of the Site or any portion thereof.

 

USER REGISTRATION

You may be required to register with the Site. You agree to keep your password confidential and you are responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we reasonably determine that it is inappropriate, obscene, misleading, or otherwise objectionable.

 

PROHIBITED ACTIVITIES

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those specifically endorsed or approved by us.

As a user of the Site, you agree not to:

1. systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
2. make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses;
3. use a buying agent or purchasing agent to make purchases on the Site;
4. use the Site to advertise or offer to sell goods and services without our prior written consent;
5. circumvent, disable, or otherwise interfere with security-related features of the Site;
6. engage in unauthorized framing of or linking to the Site;
7. trick, defraud, or mislead us or other users, especially in any attempt to learn sensitive account information such as passwords or payment information;
8. make improper use of our support services or submit false reports of abuse or misconduct;
9. engage in any automated use of the system, including using scripts, scraping tools, data mining tools, robots, or similar data gathering and extraction tools, except as expressly authorized by us in writing;
10. interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site;
11. attempt to impersonate another user or person or use the username of another user;
12. sell, sublicense, or otherwise transfer your account or profile;
13. use information obtained from the Site in order to harass, abuse, or harm another person;
14. use the Site as part of any effort to compete with us or otherwise use the Site, the Content, or the underlying software for any revenue-generating endeavor or commercial enterprise not authorized by us;
15. decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site, except to the limited extent such restriction is prohibited by applicable law;
16. attempt to bypass any measures of the Site designed to prevent or restrict access to the Site or any portion of the Site;
17. harass, annoy, intimidate, or threaten any of our employees, contractors, agents, or representatives;
18. delete the copyright or other proprietary rights notice from any Content;
19. copy or adapt the Site’s software, including Flash, PHP, HTML, JavaScript, or other code, except as expressly permitted by us in writing;
20. upload or transmit viruses, Trojan horses, malicious code, spam, or other material that interferes with any party’s uninterrupted use and enjoyment of the Site or that modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site;
21. upload or transmit any passive or active information collection or transmission mechanism, including web bugs, spyware, or similar devices;
22. use, launch, develop, or distribute any automated system, including any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, except as may be the result of standard search engine or Internet browser usage or our prior written authorization;
23. disparage, tarnish, or otherwise harm, in our reasonable opinion, us, the Site, or our services; or
24. use the Site in a manner inconsistent with any applicable laws or regulations.

 

USER-SUBMITTED MATERIALS

If you upload or otherwise submit files, images, forms, comments, records, payment information, support requests, or other materials through the Site (collectively, “Submitted Materials”), you retain ownership of those Submitted Materials. However, you grant us and, where applicable, TEST 22, a non-exclusive, worldwide, royalty-free license to host, store, reproduce, transmit, display, process, scan, format, and otherwise use the Submitted Materials solely as necessary to operate, secure, support, maintain, improve, and administer the Site and related services.

You represent and warrant that you own or control all rights necessary to submit the Submitted Materials and to grant the rights described above. You are solely responsible for your Submitted Materials and for the accuracy, legality, and appropriateness of what you submit. We may remove or disable access to Submitted Materials at any time if we believe they violate these Terms of Use, applicable law, or the rights of any third party.

 

MOBILE APPLICATION LICENSE

Use License

If you access the Site via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on those devices strictly in accordance with these Terms of Use. You shall not: (1) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the application; (4) remove, alter, or obscure any proprietary notice posted by us or the licensors of the application; (5) use the application for any revenue-generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the application to create a product, service, or software that is competitive with or a substitute for the application; (8) use the application to send automated queries to any website or to send unsolicited commercial email; or (9) use any proprietary information, interfaces, or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.

Apple and Android Devices

The following terms apply when you use a mobile application obtained from either the Apple App Store or Google Play (each an “App Distributor”) to access the Site: (1) the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes Apple iOS or Android, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2) we are responsible for providing any maintenance and support services with respect to the mobile application as required under applicable law or these Terms of Use, and each App Distributor has no obligation whatsoever to furnish maintenance or support services; (3) in the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor may refund the purchase price, if any, paid for the mobile application, and, to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application; (4) you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo or that has been designated by the U.S. government as a “terrorist supporting” country, and (ii) you are not listed on any U.S. government list of prohibited or restricted parties; (5) you must comply with applicable third-party terms of agreement when using the mobile application; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of these Terms of Use and have the right to enforce them against you as a third-party beneficiary.

 

SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site or our services (“Submissions”) that you provide to us may be used by us without obligation to you, provided that such use is limited to evaluating, developing, improving, supporting, and operating the Site and related services. You retain ownership of your Submissions, but you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, adapt, and otherwise use them for those purposes. We are not required to treat Submissions as confidential unless we separately agree to do so.

 

THIRD-PARTY WEBSITES, CONTENT, AND SERVICE PROVIDERS

The Site may contain links to third-party websites, content, services, tools, or integrations, and we may rely on third-party service providers to support Site operations. These providers may include payment processors and gateways, messaging providers, analytics providers, cloud hosting and storage providers, media delivery providers, email delivery providers, monitoring and error-reporting providers, and artificial intelligence service providers. We are not responsible for third-party websites or content that are not owned or controlled by us, and your use of those services may also be subject to separate third-party terms and policies.

If you choose to leave the Site and access third-party websites or use third-party services or content, you do so at your own risk, and these Terms of Use no longer govern. You should review the applicable terms and policies of any third-party website, application, or service you use. Any purchases or transactions you make through third-party providers are solely between you and the applicable third party unless we expressly state otherwise.

 

SITE MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our reasonable discretion, violates the law or these Terms of Use, including reporting such user to law enforcement authorities; (3) refuse, restrict access to, limit the availability of, or disable any user account, Submitted Materials, or other content if we reasonably determine such action is necessary to protect the Site, other users, or our rights; (4) remove from the Site or otherwise disable files and content that are excessive in size or burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and facilitate the proper functioning of the Site.

 

AUTOMATED TOOLS AND ARTIFICIAL INTELLIGENCE

We may use automated tools, including artificial intelligence and machine learning technologies, to process information and content you submit through the Site or mobile application, including uploaded images, files, and documents. This may include the use of OpenAI-powered tools and other service providers used to assist with operating and supporting the Site.

These tools may assist with identifying, extracting, organizing, labeling, or suggesting information from submitted content, including dates, labels, payment details, eligibility-related information, and other details relevant to account administration, compliance, and document review. Submitted documents and files may be scanned as part of these workflows.

AI-assisted outputs are intended only to support human review by Union Worx, LLC personnel and representatives of TEST 22. Those outputs are not automatically used as final decisions and may be reviewed, confirmed, rejected, or overridden by human users. AI-assisted outputs are not guaranteed to be accurate, complete, or error-free.

By submitting content through the Site or mobile application, you acknowledge and agree that we and TEST 22 may use these automated tools in connection with operating, supporting, and administering the Site and related services. Submitted content is not used by us to train generalized AI models.

 

PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy posted on the Site. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use.

The Site is hosted in the United States, and your information may also be processed or stored in Canada and other countries where we or our service providers operate. If you access the Site from Canada, the European Union, Asia, or any other region with laws governing personal data collection, use, or disclosure that differ from applicable United States laws, then through your continued use of the Site, you acknowledge that your information may be transferred to, stored in, and processed in the United States, Canada, and other jurisdictions.

You also acknowledge that, in connection with operating the Site, your information may be processed by our third-party service providers, including providers of payment processing, messaging, analytics, cloud hosting or storage, media delivery, email delivery, monitoring, and AI-assisted processing, and that information processed in those jurisdictions may be subject to lawful access requests by courts, regulators, law enforcement, or other governmental authorities under applicable law.

Because the Site is intended only for users who are at least the age of majority in their province, territory, state, or country of residence, and in all cases not younger than 18 years old, we do not knowingly accept, request, or solicit information from persons who do not meet that requirement or knowingly market to them. If we learn that we have collected personal information from such a person, we will take reasonable steps to delete that information.

 

TERM AND TERMINATION

These Terms of Use remain in full force and effect while you use the Site. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE RESERVE THE RIGHT TO DENY ACCESS TO OR USE OF THE SITE, TERMINATE OR SUSPEND YOUR ACCOUNT, BLOCK CERTAIN IP ADDRESSES, OR REMOVE ANY CONTENT OR INFORMATION YOU POSTED, WITH OR WITHOUT NOTICE, IF WE REASONABLY DETERMINE THAT SUCH ACTION IS NECESSARY TO PROTECT THE SITE, OTHER USERS, OUR RIGHTS, OR TO ENFORCE THESE TERMS OF USE OR COMPLY WITH APPLICABLE LAW.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including pursuing civil, criminal, and injunctive remedies.

 

MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Site from time to time when reasonably necessary to maintain, improve, secure, or support the Site or to comply with legal, technical, or operational requirements. However, we have no obligation to update any information on the Site. We may also modify or discontinue all or part of the Site when reasonably necessary. To the fullest extent permitted by applicable law, we will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.

We cannot guarantee that the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We may change, revise, update, suspend, discontinue, or otherwise modify the Site from time to time as reasonably necessary. To the fullest extent permitted by applicable law, you agree that we have no liability for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance. Nothing in these Terms of Use will be construed to obligate us to maintain or support the Site or to supply corrections, updates, or releases in connection with the Site.

 

GOVERNING LAW

These Terms of Use and your use of the Site are governed by and construed in accordance with the laws of the State of Nebraska, without regard to its conflict of law principles, except to the extent that mandatory consumer protection, privacy, employment, or other non-waivable laws in your province, territory, state, or country of residence apply.

 

DISPUTE RESOLUTION

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute informally for at least 30 days before initiating arbitration, unless applicable law does not permit mandatory informal resolution. Informal negotiations commence upon written notice from one Party to the other Party.

Binding Arbitration

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute, except those expressly excluded below and except where prohibited by applicable law, will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU MAY OTHERWISE HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.

The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Consumer Rules, both of which are available at www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the applicable AAA rules. If the arbitrator determines that those costs are excessive, we will pay the arbitration fees and expenses to the extent required by the arbitrator’s order or applicable law. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by applicable AAA rules or law, the arbitration will take place in Douglas County, Nebraska.

If for any reason a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state or federal courts located in Douglas County, Nebraska, unless applicable law in your jurisdiction does not permit that venue requirement. The Parties consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in those courts to the fullest extent permitted by applicable law. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act (UCITA) do not apply to these Terms of Use.

To the fullest extent permitted by applicable law, no Dispute brought by either Party related in any way to the Site may be commenced more than one year after the cause of action arose. If this provision is found to be illegal or unenforceable, then no Party will be required to arbitrate any Dispute falling within that portion found to be illegal or unenforceable, and that Dispute shall be decided by a court of competent jurisdiction as determined by applicable law.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the fullest extent permitted by law: (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to use class-action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Canadian and Quebec Rights

If you reside in Canada, nothing in these Terms of Use limits any rights you may have under mandatory federal, provincial, or territorial law, including rights that cannot legally be waived or rights to bring concerns before small claims court, consumer protection authorities, or privacy regulators where applicable law permits. If you reside in Quebec, you may have additional rights under Quebec law, and any mandatory provisions of Quebec law will apply notwithstanding anything to the contrary in these Terms of Use.

Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Dispute seeking to enforce or protect, or concerning the validity of, a Party’s intellectual property rights; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief.

 

CORRECTIONS

There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

 

DISCLAIMER

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES OR SERVICES LINKED TO THE SITE, AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY: (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT OR MATERIALS; (2) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE; (3) UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL OR FINANCIAL INFORMATION STORED THEREIN; (4) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; (5) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY; OR (6) ERRORS OR OMISSIONS IN ANY CONTENT OR MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE.

WITHOUT LIMITING THE FOREGOING, UNION WORX, LLC DOES NOT WARRANT OR GUARANTEE MEMBER ELIGIBILITY, DISPATCH OR REFERRAL RESULTS, EMPLOYMENT OPPORTUNITIES, BENEFIT OUTCOMES, THE ACCURACY OF INFORMATION SUPPLIED BY TEST 22, OR THAT ANY PAYMENT, RECORD, OR ADMINISTRATIVE DECISION MADE BY TEST 22 IS CORRECT OR COMPLETE.

 

LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, BUSINESS INTERRUPTION, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR AGGREGATE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION SHALL AT ALL TIMES BE LIMITED TO TWO HUNDRED FIFTY U.S. DOLLARS (US $250.00). CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THOSE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

 

INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, officers, agents, partners, employees, contractors, service providers, and licensors, from and against any loss, damage, liability, claim, demand, or expense, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Submitted Materials; (2) your use of the Site; (3) your breach of these Terms of Use; (4) any breach of your representations and warranties set forth in these Terms of Use; (5) your violation of the rights of a third party, including intellectual property or privacy rights; or (6) any harmful, fraudulent, or unlawful act by you toward any other user or third party. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims.

 

USER DATA

We will maintain certain data that you transmit to the Site for the purpose of managing the Site, as well as data relating to your use of the Site. Although we perform routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you undertake using the Site. You agree that we have no liability to you for any loss or corruption of that data, and you waive any right of action against us arising from any such loss or corruption, except where prohibited by applicable law.

 

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive service-related and transactional communications from us and, where applicable, TEST 22, electronically, including by email, text message, push notification, or on the Site, and you agree that those communications satisfy any legal requirement that such communication be in writing.

You understand that service-related and transactional communications may include receipts, payment confirmations, billing reminders, security alerts, support responses, account notices, operational messages, and other communications necessary to provide the Site and related services. Marketing or promotional electronic communications are subject to any separate consent choices you make and may be withdrawn at any time where required by applicable law. Withdrawing consent to marketing or promotional communications does not prevent us or TEST 22 from sending non-marketing service-related and transactional communications.

YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. To the fullest extent permitted by applicable law, you waive any rights or requirements under laws requiring an original signature or delivery or retention of non-electronic records, or requiring payments or the granting of credits by means other than electronic means.

 

REGULATORY COMPLAINTS

If any complaint with us is not satisfactorily resolved, California residents can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254. If you reside in Canada, you may also have the right to contact the applicable consumer protection, privacy, or similar regulatory authority in your province or territory.

 

MISCELLANEOUS

These Terms of Use and any policies or operating rules posted by us on the Site constitute the entire agreement and understanding between you and us regarding the Site. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. Nothing in these Terms of Use creates any joint venture, partnership, employment, fiduciary, or agency relationship between you and us. You agree that these Terms of Use will not be construed against us by virtue of having drafted them.

A French version of these Terms of Use may be made available where required by applicable law. If you reside in Quebec and a French version is required to be provided under applicable law, the French version will govern to the extent required by applicable law.

 

CONTACT US

In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact:

TEST 22
4545 20th St

Omaha, NE 68116
4025567875
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