Terms and Conditions

Acceptance of Terms of Use

Welcome to LaborAid! LaborAid is a C Corp. legally registered in the state of Delaware, United States, as LaborAid, Inc. Anytime LaborAid, Company, we, or us is used in the following Terms and Conditions and accompanying Privacy Policy (laboraid.com/privacy), together with any documents they expressly incorporate by reference (collectively, these Terms of Use) it refers to LaborAid, Inc. The Terms of Use govern your access to and use of laboraid.com, including any content, functionality, and services offered on or through laboraid.com (the Website), whether as a guest or a registered user.

By using the LaborAid Website and Application, whether as an individual without a LaborAid account, an individual with a LaborAid account (i.e. an employee of a Contractor, Benefit Fund, or Union Local), and/or an entity with a LaborAid account (Contractor, Benefit Fund, or Union Local) (collectively User), you accept these Terms of Use and our Privacy Policy (laboraid.com/privacy) and agree to be bound by them and to abide by them.

Accessing the Site

We reserve the right to withdraw or amend the Website, Application, and any service or material we provide on the Website or Application, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website or Application is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, Application, or the entire Website or Application, to users, including registered users.

You are responsible for:

• Making all arrangements necessary for you to have access to the Website and Application.
• Ensuring that all persons who access the Website and Applications through your internet connection are aware of these Terms of Use and comply with them.

To access the Website or Application or some of the resources they offer, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website and Application that all the information you provide on the Website and Application is correct, current and complete. You agree that all information you provide to register with our Website, Application, or otherwise, including but not limited to through the use of any interactive features on the Website or Application, is governed by our Privacy Policy (laboraid.com/privacy) and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Website, Application, or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Intellectual Property Rights

The Website, Application, and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), (hereinafter Service), are owned by LaborAid, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

You shall not attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Services in any form or media or by any means. You will not attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Services. You will not access all or any part of the Services in order to build a product or service which competes with the Services or create derivative works based on the Services or the software and technical solutions used in the Services, nor will you use the Services to provide services to third parties. Use of any automated system or software to extract data from the Website, the Application, or the Services (screen scrapping) is expressly prohibited.

Our status (and that of any identified contributors) as the authors of content on the Website or Application must always be acknowledged. Further, if you use or refer to the results of the Services in relation to material that is subsequently published, we request that you credit us as the source of the information with an appropriate attribution.

You must not use any part of the content on the Website or the Application for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy, or download any part of the Webite or the Application in breach of these Terms of Use, your right to use the Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made

In the event that you are notified by a third party that that party claims rights in the Services or that use of the Services infringes any right of that third party, you agree to immediately notify us and, at our request, to immediately cease using the Services.

You hereby assign to LaborAid all right, title and interest to any adaptations or enhancements suggested by you in respect of the Website, Application, and Services and all property rights therein including without limitation all patent, copyright, trade secret, mask work, trademark, moral right or other intellectual property rights which may result from your use of the Website, Application and Services.

LaborAid reserves the right and you hereby grant to us the right to use any data and content generated within the scope of the Services to improve and augment the Services, to make statistics and make such statistics available to third parties, provided that we shall at all times respect your confidentiality and shall not make any such statistics available to any third party in circumstances where you or persons accessing the Services through you can be identified from the statistics or your or their confidentiality is otherwise prejudiced.

LaborAid shall be entitled to refer to the fact that you are a customer of LaborAid and use your name and trademarks belonging to you in press releases, other public announcements, advertising and other communications aimed at third parties.

Trademarks

The Company name, the terms LaborAid, ONE PAYMENT ALL FUNDS, the Company logo, and all related names, logos, product and service names, designs and slogans, are trademarks of the Company. You must not use such marks wtihout the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on the Website or Application are the trademarks of their respective owners.

Prohibited Uses

You must not misuse the Website or Application by knowingly introducing viruses, trojans, worms, logic bombs, or other material, which is malicious or technologically harmful in any way. You must not attempt to gain unauthorized access to the Website or Application, the server on which the Website or Application is stored, or any server, computer, or database connected to the Website or Application. You must not attack the Website or Application via a denial-of-service attack or a distributed denial-of-service attack. You must not use the Website or Application in any way that could disable, overburden, damage, or impair the Website or Application or interfere with any other party's use of the Website or Application, including their ability to engage in real time activities through the Website or Application. You must not attempt to impersonate a Contractor, Benefit Fund, or Union Local or an employee of a Contractor, Benefit Fund, or Union Local on the Website or Application for which you do not have proper authorization by the respective entity. You must not use any manual or automated process to monitor or copy any of the material on the Website or Application without our prior authorization. Any attempt to intentionally interfere with the proper working of the Website or Application will be deemed a violation of the Terms of Use.

You may not use the Website or Application to harm, exploit, or attempting to harm or exploit minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.

By breaching this provision, you would commit a criminal offense in violation of applicable federal, state, local, and/or international law or regulation. We will report any such breach to the relevant law enforcement authorities and will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your rights to use the Website and Application will cease immediately.

Reliance on Information Posted

The information presented on or through the Website or Application is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website or Application, or by anyone who may be informed of any of its contents.

The Website and Application includes confidential payroll information provided by Union Contractors. LaborAid does not attest to the accuracy of any payroll information provided by Union Contractors. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by Union Contractors, Benefit Funds, and/or Union Locals.

Additional Terms for Contractors, Benefit Funds, and Union Locals

By claiming administrative access for a Contractor, Benefit Fund, or Union Local, you agree that:
i) You have authority to represent the entity in completing this registration,
ii) You will provide true, accurate, and complete information, including on all uploads of data through the LaborAid Website and Application,
iii) You are solely liable and responsible for all actions taken via your user account,
iv) You are an employee of a Contractor, Benefit Fund, or Union Local, and are not an independent contractor receiving any form of compensation for the activities conducted on the LaborAid Website and Application,
v) All money exchanged through the Website or Application will be used for the purpose intended by the Contractor, Benefit Fund, or Union Local, and under no circumstances may you use the funds for any other purpose,
vi) You do not have authority to act on behalf of, speak for, or obligate LaborAid in any manner, except to use authorized LaborAid online tools and materials to submit benefit fund remittances through the LaborAid Website and Application.

All monies exchanged through the LaborAid Website and Application are transacted via Wells Fargo. Contractors will pay LaborAid via ACH for remittance submissions on the LaborAid Website or Application. Any monetary contributions received by LaborAid through the Website or Application will be sent to the bank account of the appropriate Benefit Fund or Union Local within 48 hours of receipt.

Fees

LaborAid charges a fixed fee for remittance submissions to each Benefit Fund and Union Local. Other fees may be charged by or on behalf of our partners who assist us in the provision of certain aspects of the Services, for example payment processing. The applicable fees and charges may be amended from time to time at our sole discretion. The current LaborAid fees are as follows:
0.50% of the total due on each remittance.

All fees are exclusive of taxes and you are obligated to pay such taxes as applicable. Invoices shall be calculated automatically and shall be dispatched to you via PDF download on your LaborAid account. Payment shall be made upon submission of the remittance through your preferred bank account.

By using LaborAid you agree that all transactions are subject to Wells Fargo's terms of service (found at https://www.wellsfargo.com/privacy-security/)

Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:

• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
• Be likely to deceive any person or entity.
• Promote any illegal activity, or advocate, promote or assist any unlawful act.
• Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
• Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Termination

We reserve the right, at our sole discretion, to immediately, with or without notice, suspend or terminate your registration, the Terms of Use, and/or your access to all or a portion of the Website and Application, and/or remove any registration information or User Contributions, including User posts, from the Website and Application, for any reason (including if you breach any of the provisions of the Terms of Use). Upon termination or expiration of the Terms, your obligations and our rights and disclaimers survive, but your right to use the Website and Application immediately ceases. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

We will fully cooperate with any law enforcement authority or court order requesting or directing us to disclose the identity or other information of anyone posting materials on or through the Website or Application. You waive and hold harmless the Company from any claims resulting from any action taken by the Company during or as a result of its investigations and from any action taken as a consequence of investigagtions by either such parties or law envorcement authorities.

We do not undertake to review material before it is posted on the Website or Application, and cannot ensure prompt removal of false material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any User, Entity, or Third Party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Upon termination of this licence, or if you otherwise delete your LaborAid account, amongst other things the Website and Application will become inaccessible to you, and if you represent a Contractor, Benefit Fund, or Union Local, designated Account Administrators will be unable to log in and remittance submissions will cease. While no information will remain publicly accessible after deleting your account, LaborAid cannot guarantee that all information will be removed from LaborAid equipment such as servers, backups, log files. Benefit Funds and Union Locals will continue to have access to previously submitted remittances.

Linking to Our Site

You may link to our home page (laboraid.com), provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. The website in which you are linking must comply in all respects with applicable laws and generally accepted content standards.

You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists. You must not establish a link to the Website or Application in any website that is not owned by you. We reserve the right to withdraw linking permission without notice. The Website or Application must not be framed on any other site, nor may you create a link to any part of the Website and Application other than the home page, or otherwise as agreed in writing by us. If you wish to make any use of content on the Website or Application other than that set out above, please contact us at [email protected]

Linking From Our Site

Where the Website and Application contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the Website or Application, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

Disclaimer of Warranties

Except if expressly provided otherwise in the terms, the Website and Application (including without limitation, all content, materials (and material linked thereto), links, and emails) is provided to you as is and as available without warranty of any kind. LaborAid does not guarantee or warranty the accuracy, legality, appropriateness, truthfulness, or other qualities of any materials or the related products, equipment, or services. LaborAid hereby disclaims to the maximum extent permitted by law: all warranties either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and noninfringement; and other warranties including but not limited to: uninterrupted use; availability of the website; lack of viruses, worms, trojan horses, or code that manifests contaminating or destructive properties; accuracy, completeness, reliability, timeliness, currency, or usefulness of any information provided on or through the website; and any duties of reasonable care, workmanlike effort, or lack of negligence in connection with the website. We will not be held liable for any loss or damage caused by distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Website or Application, or to downloading of any material posted on it, or on any website linked to it.

LaborAid is not engaged in the provision of legal, tax, or other professional advice or services and you agree that the Website and Application do not contain any legal, tax, or other professional advice. If you are in need of such services, you should contact the appropriate licensed and qualified professional.

Submission of any content or materials on the Website or Application does not constitute or indicate LaborAid's endorsement, representation, or warranty of such information (such as payroll data for hours worked) or its accuracy, completeness, or timeliness. Through the Website or Application (including materials, content, and emails), you may receive access to individuals or entities; however, your choice to contact or deal with any of these individuals or entities is your sole responsibility and we are not involved in any transactions or dealings you have with any third parties.

Limitation on Liabilities

To the maximum extent allowed by law, you agree that neither LaborAid, including its employees, agents, officers, or directors, nor any of its affiliates or their licensors, or service providers, will be liable to you and/or any third party for any direct, indirect, consequential, exemplary, special, punitive, or incidental damages (including but not limited to lost profits, loss of goodwill, loss of privacy, loss of data, deletion or failure to store content, damage to user computer systems, and business interruption) whatsoever that arise out of or are related to: the Website or Application (and your use of, or inability to use, the Website or Application); the modification, alteration, or termination of the Website or Application or your access to it; or any breach of these terms, even if we have been advised of the possibility of such damages and even in the event of fault, tort, or strict or product liability.

Any claims arising from the Website or Application must be brought within one year of the date on which liability arose. Neither LaborAid nor its affiliates are responsible for any violation of the privacy or other rights of any third party due to posting of personal information, which is the sole responsibility of the user posting such information.

LaborAid maintains reasonable safeguards and personnel policies that are designed to guard the Website and Application, the Services, our systems and our customers' information. For example, for the security of your online visit to the site, LaborAid may make use of firewall barriers, encryption techniques, and/or authentication procedures. Unfortunately, no data transmission over the internet can be guaranteed to be absolutely secure. As a result, while LaborAid strives to protect your information, it cannot ensure or warrant the security of any content you transmit to us, and you do so at your own risk. In the event of a breach of the confidentiality or security of your personal information, LaborAid will notify you as necessary so you can take appropriate protective steps. Unless you indicate otherwise, we may notify you under such circumstances using the email address you provided to us when you registered with the site.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website or Application and accompanying Services, including, but not limited to, your User Contributions, any use of the Website or Application’s content, and Services other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website or Application.

Jurisdiction and Governing Law

All matters relating to the Website, Application, and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Maryland without giving effect to any choice or conflict of law provision or rule (whether of the State of Maryland or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website or Application shall be instituted exclusively in the federal courts of the United States or the courts of the State of Maryland in each case located in the City of Annapolis and County of Anne Arundel, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Changes to Terms of Use

We will occasionally update these Terms of Use and Privacy Policy. When we do, we will also revise the last updated date at the bottom of the Terms of Use and Privacy Policy. The Terms of Use and Privacy Policy reflect the current terms and policies of LaborAid. however, their content is not necessarily complete. Please check this page from time to time so you are aware of any changes, as they affect you as a user of the Website and Application and are binding upon you.

Contact

This Website, Application, and Services is operated by LaborAid, Inc., 514 Progress Drive, Ste. D, Linthicum Heights, MD 21090.
All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy in the manner and by the means set forth therein.
All other feedback, comments, requests for technical support and other communications relating to the Website or Application should be directed to: [email protected].

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