Website Terms of Use
& Policies

Introduction

These Terms of Use ("Terms") govern your access to and use of the website, mobile experiences, and related services operated by Noise385 ("we," "us," or "our"). By accessing or using the Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Services.

Eligibility & Age

You must be at least 13 years old to use the Services. If you are under the age of majority in your jurisdiction, you represent that a parent or legal guardian has reviewed and agreed to these Terms on your behalf. You may not use the Services if you have been previously suspended or are prohibited from using the Services under applicable law.

Campaign Disclaimer

This website is an independent campaign communication created by Teamster members.

It is not sponsored, endorsed, or funded by Teamsters Local Union 385, the International Brotherhood of Teamsters, or any employer.

All campaign activities conducted through this website are voluntary member activities intended to communicate with fellow members regarding issues affecting the membership and the future direction of the union.

Nothing on this website is intended to represent the official position of the Local Union or the International Union.

Accounts & Security

To use certain features, you may need to create an account and provide accurate information. You are responsible for:

• Maintaining the confidentiality of your login credentials
• All activities that occur under your account
• Promptly notifying us of any unauthorized use or security incident

You may not sell, transfer, or assign your account without our prior written consent.

Acceptable Use

You agree not to:

• Use the Services for any unlawful purpose
• Attempt to access non-public areas or interfere with security-related features
• Introduce malware or harmful code
• Impersonate any person or entity or misrepresent your affiliation
• Collect information from the Services by automated means without written permission
• Use the Services to infringe intellectual property or privacy rights
• Engage in abusive, harassing, or deceptive conduct

User Content & License

The Services may allow you to submit, post, upload, or otherwise make available text, images, video, audio, or other materials ("User Content"). You retain ownership of User Content, but you grant us a worldwide, royalty-free, non-exclusive, transferable, and sublicensable license to host, store, reproduce, adapt, publish, display, and distribute User Content solely for operating, improving, promoting, and providing the Services.

You represent and warrant that you have all necessary rights to grant this license. We may remove or refuse to distribute any User Content for any reason consistent with these Terms and applicable law.

Community Standards & Moderation

You may not submit content that is defamatory, fraudulent, threatening, harassing, hateful, incites violence, invades privacy, infringes intellectual property, or otherwise violates law.

We may moderate content, restrict features, or suspend accounts at our discretion to protect users and the integrity of the Services. Nothing herein obligates us to monitor all content.

Third-Party Links & Services

The Services may link to or integrate third-party websites, apps, or services. We do not control and are not responsible for third-party content, products, or practices. Your use of third-party services is at your own risk and may be subject to additional terms and policies.

Intellectual Property

All rights, title, and interest in and to the Services, including the website design, text, graphics, logos, icons, software, and other materials (collectively, "Site Materials"), are owned by us or our licensors and are protected by intellectual property laws.

Except as expressly permitted by these Terms or with our prior written consent, you may not copy, modify, distribute, sell, or create derivative works of the Site Materials.

Copyright (DMCA) Notice

If you believe that content on the Services infringes your copyright, you may submit a written notice pursuant to 17 U.S.C. § 512(c)(3) to our designated agent with the following:

• Physical or electronic signature of the copyright owner
• Identification of the copyrighted work
• Identification of the infringing material and its location
• Your contact information
• A statement of good-faith belief
• A statement under penalty of perjury of the accuracy and authority

Designated Agent: admin@noise385.org  ·  1080 Cypress Pkwy #1158, Kissimmee, FL 34759  ·  (863) 204-3410

Communications: Email & SMS

By providing your contact information, you consent to receive service-related communications, including emails and text messages. Message frequency may vary. Standard message and data rates may apply.

You may opt out of marketing emails via the unsubscribe link and of SMS by replying STOP (reply HELP for assistance). Carriers are not liable for delayed or undelivered messages. We will honor opt-out requests promptly in accordance with applicable law.

Privacy Summary

Our Privacy Policy explains what information we collect, how we use it, and the choices you have. In summary, we may collect identifiers and device information to operate the Services, communicate with you, and improve functionality.

We do not sell personal information. We may share data with service providers that support the Services under confidentiality obligations. See the full Privacy Policy in the Consolidated Policies section below.

Worker Rights Notice

We respect employees' rights protected by applicable labor laws. Nothing on the Services is intended to interfere with, restrain, or coerce employees in the exercise of their rights to engage in protected concerted activity, to support or oppose union activity, or to refrain from such activity.

Participation in campaign activities is voluntary.

Volunteer Code of Conduct

Volunteers must act lawfully and respectfully, may not misrepresent their authority, and must not engage in harassment, intimidation, or deceptive practices. Volunteers should follow all applicable policies and instructions issued by the campaign or site operator.

Contributions / Donations

If the Services allow contributions or donations:

• Contributions are voluntary
• Contributions may only be accepted from eligible individuals as defined by posted guidelines
• Contributions from prohibited sources will be rejected or refunded
• Limits may apply
• Funds may be used for lawful communications and outreach consistent with our mission
• Contributors are responsible for any tax obligations

Payments may be processed by a third-party payment processor. We do not control and are not responsible for third-party processing, errors, or security. By submitting payment information, you authorize the processor to charge the amount indicated and any applicable taxes or fees.

Disclaimers

THE SERVICES AND SITE MATERIALS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE ERROR-FREE, SECURE, OR UNINTERRUPTED, OR THAT DEFECTS WILL BE CORRECTED.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

IN NO EVENT WILL OUR AGGREGATE LIABILITY EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS ($100) OR THE AMOUNT YOU PAID US IN THE SIX MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Indemnification

You agree to defend, indemnify, and hold harmless the Site Owner and its officers, directors, employees, agents, and service providers from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the Services, your violation of these Terms, applicable law, or any rights of a third party, or your User Content.

Changes to the Services or Terms

We may modify, suspend, or discontinue the Services (in whole or in part) at any time. We may update these Terms from time to time. If we make material changes, we will provide notice by posting the updated Terms and updating the Effective Date. Your continued use of the Services after the Effective Date constitutes acceptance of the revised Terms.

Termination

You may stop using the Services at any time. We may suspend or terminate your access to the Services, with or without notice, for any reason, including if we reasonably believe you violated these Terms. Sections that by their nature should survive termination will survive, including ownership provisions, disclaimers, limitations of liability, and indemnity.

Governing Law & Venue

These Terms are governed by the laws of the State of Florida, without regard to conflict-of-law principles. You agree that any dispute arising out of or relating to these Terms or the Services will be brought exclusively in the state or federal courts located in Osceola County, Florida, and you consent to personal jurisdiction in those courts.

Miscellaneous

These Terms, together with the Privacy Policy and any posted policies or guidelines, are the entire agreement between you and us regarding the Services. If any provision is held invalid, the remaining provisions will remain in full force and effect. Our failure to enforce any provision is not a waiver. You may not assign these Terms without our prior written consent.

Arbitration Agreement

To the fullest extent permitted by applicable law, you and we agree that any dispute, claim, or controversy arising out of or relating to the Services, these Terms, or any communications between you and us will be resolved exclusively through binding, individual arbitration rather than in court.

The following are not subject to arbitration:

• Claims that may be brought in small claims court
• Claims related to the infringement or misuse of intellectual property rights
• Any claim for injunctive or equitable relief relating to the security or integrity of the Services

Arbitration will be conducted by the American Arbitration Association (AAA) under its applicable rules. Each party will be responsible for its own attorneys' fees, except as otherwise required by law.

Class Action Waiver

You and we agree that all disputes must be brought on an individual basis only and not as a plaintiff or class member in any purported class, collective, consolidated, private attorney general, or representative action. The arbitrator may not preside over any form of a class or representative proceeding.

Advertising and Sponsored Content

The Services may include advertisements, sponsored content, promotions, or links to third-party products and services. Ads may appear alongside or in connection with content you view. The type, format, and placement of Ads may change without notice.

We do not endorse, guarantee, or assume responsibility for any third-party product or service advertised through the Services.

Data Used for Advertising

We may use certain types of information to provide, improve, or personalize advertising, including activity on the Services, device information, general geographic region, and indicated preferences.

We do not sell personal information and we do not share information with advertisers in a manner that directly identifies you, unless you give explicit consent.

Third-Party Ad Services

We may work with third-party advertising networks, analytics providers, and measurement partners who set cookies or tracking technologies to support ad delivery and measurement. Their processing is governed by their own privacy policies, and we encourage you to review them.

Force Majeure

We will not be liable for any delay or failure to perform due to events beyond our reasonable control, including acts of God, natural disasters, labor disputes, internet or utility failures, war, terrorism, public health emergencies, or governmental actions.

Severability

If any provision of these Terms is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.

Entire Agreement; No Waiver

These Terms, together with the Privacy Policy and any policies referenced herein, constitute the entire agreement between you and us regarding the Services. Our failure to enforce any provision is not a waiver of our right to do so later.

Additional Policies

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