General Terms Applicable to All Users. These Terms and Conditions for Unity Management System ("Agreement") state the terms and conditions that govern your use of the Unity Management System and any applicable software products and associated documentation we may provide through this website, or to use the products, services, or functionality offered through the website (collectively, the "Online Interface"). As used herein, the terms "Unity", "Provider", "us", "we" or "our" means Unity Management System, LLC; "you" or "your" means the individual member of your local teacher's union seeking to pay dues for same.
Online Interface. When you use or access, or permit any other person(s) or entity to use or access the Online Interface, you agree to the terms and conditions of this Agreement. We may amend or change this Agreement (including applicable fees and service charges) from time to time by sending you written notice by electronic mail, by regular mail, or by posting the updated terms on the sites within the Online Interface. Please access and review this Agreement regularly. If you find the Agreement unacceptable to you at any time, please discontinue your use of the Online Interface. Your use of the Online Interface after we have made such changes available will be considered your agreement to the change.
The Online Interface is a website offering an exclusive and proprietary system for your payment of dues to your local union. The Online Interface facilitates the processing of your dues payments from you to your local union. The Online Interface will store information from you, such as your payment information, and will process dues payment transactions on behalf of the local union through the appropriate credit card, debit card, or bank account. You authorize the charge or debit to your payment instrument as necessary to complete processing of your dues payment, including the collection of our service fee. You acknowledge and agree that your payment of your dues through the Online Interface is a transaction between you and your local union. Aside from the collection of a service fee, we are not a party to the dues payment transaction between you and your local union.
We grant to you, for this purpose only, a non-exclusive, non-transferable limited and revocable right to access and use the Online Interface. You agree not to use the Online Interface for any other purpose, including commercial purposes, such as reselling any portion of the Online Interface without our prior written consent. You agree that your use of the Online Interface is authorized by your Bylaws, Collective Bargaining Agreement, or other governing documents, and you agree that your use of the Online Interface will not violate the terms of those agreements or any applicable law, statute, or regulation.
You may not, and will not allow or cause any third party to: (a) decompile, reverse engineer, disassemble, attempt to derive the source code of, or modify any portion of the Online Interface to develop similar functionality; (b) copy any portion of the Online Interface, except as expressly provided by this Agreement; (c) sublicense, distribute, export or resell any portion of the Online Interface or otherwise transfer any rights; (d) remove any proprietary or intellectual property rights notices or labels on the Online Interface; or (e) otherwise exercise any other right to the Online Interface not expressly granted in this Agreement. We own all right, title, and interest in and to the Online Interface. No license or other right in or to the Online Interface is granted to you except for the rights specifically set forth in this Agreement.
Online Service Fees. You have agreed that we may collect service fees associated with your dues payments through the Online Interface. Our annual service fee is $__. You agree to pay the annual service fee once with your lump-sum dues payment, or broken into 12 separate service fees collected each month you pay your dues. You agree that the service fees we collect from you is approved by your local union's bylaws, Collective Bargaining Agreement, or other governing documents. To the extent you believe the service fees we collect are not approved by your local union's bylaws, Collective Bargaining Agreement, or other governing documents, you agree that your only recourse is to pursue any disputes with the union.
Risk of Loss. In the event of a system failure or interruption, your data may be lost or destroyed. Any transaction(s) that you initiated, were in the process of completing, or completed shortly before a system failure or interruption should be verified by you through means other than online to ensure the accuracy and completeness of such transaction(s). You assume the risk of loss of your data during any system failure or interruption and the responsibility to verify the accuracy and completeness of any transaction(s) so affected. You also assume the risk of loss in the event of any change in your membership with your local union, or as a result of any change in your employment. You agree that, in the event you sign up for recurring charges against your selected bank account or credit card, Unity is not responsible to verify your continued membership with your local union prior to collecting the recurring charge. You agree that it is your responsibility to manage your payment information in the Online Interface, and that Unity cannot be held responsible if you are charged for recurring dues payments and you have failed to update your status or payment information.
Suspension of Payment. At any time, if you have authorized recurring dues payments to be collected from your selected credit, debit, or bank account, you may log into the Online Interface and change or entirely delete the method selected for making payments. In the event a recurring dues payment is not made (or is authorized but from an account with insufficient funds), we will provide a report to your local union regarding any non-payment. You agree that we are not responsible for any errors made in transcribing payment information, in the event you delete or remove your payment information from the Online Interface, or if the payment account information has insufficient funds with which to make a payment. You further understand and agree that your failure to make a dues payment may affect your standing, participation, or membership with your local union, and that we are not responsible for any failure to make such a payment, or consequences arising from any change to your standing, participation, or membership with your local union.
Technology Considerations. You are responsible for obtaining, installing, maintaining and operating all software, hardware or other equipment (collectively, "Systems") necessary for you to access and use the Online Interface. This responsibility includes, without limitation, your utilizing up to date web-browsers and access devices and the best commercially available encryption, antivirus, anti-spyware, and internet security software. You are additionally responsible for obtaining internet services via the internet service provider of your choice, for any and all fees imposed by such internet service provider, and any associated communications service provider charges. You acknowledge that there are certain security, corruption, transmission error, and access availability risks associated with using open networks such as the internet and you hereby expressly assume such risks. You acknowledge that you are responsible for the data security of the Systems used to access the Online Interface, and for the transmission and receipt of information using such Systems. You acknowledge that you have requested the Online Interface for your convenience and the convenience of your members, you have made your independent assessment of the adequacy of the internet and Systems and that you are satisfied with that assessment. We are not responsible for any errors or problems that arise from the malfunction or failure of the internet or your Systems nor are we responsible for notifying you of any upgrades, fixes, or enhancements to, or for providing technical or other support for your Systems. Although we may provide a link to a third party site where you may download software, we make no endorsement of any specific software, hardware, or internet service provider, and your use of any such software, hardware, or service may also be subject to the license or other agreements of that provider, in addition to the terms and conditions of this Agreement.
Passwords. We may at our option change the parameters for the password used to access the Online Interface without prior notice to you, and if we do so, you will be required to change your password the next time you access the Online Interface. To prevent unauthorized access to your account and to prevent unauthorized use of the Online Interface, you agree to protect and keep confidential your Password and any other information required to access your account via the Online Interface. The loss, theft, or unauthorized use of your Password could cause you to lose some or all of the money collected on your behalf by the Online Interface. It could also permit unauthorized persons to gain access to your sensitive personal and account information and to use that information for fraudulent purposes. If you disclose your Password to any person(s) or entity, you assume all risks and losses associated with such disclosure. If you permit any other person(s) or entity to access the Online Interface on your behalf, you are responsible for any transactions and activities performed from your account and for any use of your personal and account information by such person(s) or entity. If you believe someone may attempt to use or has used the Online Interface without your permission, or that any other unauthorized use or security breach has occurred, you agree to immediately notify us at firstname.lastname@example.org.
Notices. You agree that by using the Online Interface, all notices or other communications which we may be required to give you arising from our obligations under this Agreement or the Online Interface may be sent to you electronically to any electronic mail address you have provided us, or in any other manner permitted by law.
New Features. We may, from time to time, introduce new features to the Online Interface or modify or delete existing features in our sole discretion. We shall notify you of any of these changes to features if we are legally required to do so. By using any new or modified features when they become available, you agree to be bound by the rules concerning these features.
Limitation of Liability; No Warranties. EXCEPT AS SPECIFICALLY SET FORTH HEREIN OR WHERE THE LAW REQUIRES A DIFFERENT STANDARD, WE SHALL NOT BE RESPONSIBLE FOR ANY LOSS, DAMAGE, OR INJURY, OR FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, ARISING FROM OR RELATED TO THE SYSTEM, EQUIPMENT, BROWSER, AND/OR THE INSTALLATION OR MAINTENANCE THEREOF, ACCESS TO OR USE OF THE ONLINE INTERFACE, YOUR GRANTING US SCREEN SHARING OR REMOTE CONTROL ACCESS TO YOUR COMPUTER SYSTEMS FOR TECHNOLOGY SUPPORT, FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT, THE INTERNET, THE SYSTEMS, OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS, BUGS, ERRORS, CONFIGURATION PROBLEMS OR INCOMPATIBILITY OF COMPUTER HARDWARE, SOFTWARE, THE INTERNET, PROBLEMS WITH INTERNET SERVICE PROVIDERS, PROBLEMS OR DELAYS WITH INTERMEDIATE COMPUTER OR COMMUNICATIONS NETWORKS OR FACILITIES, PROBLEMS WITH DATA TRANSMISSION FACILITIES OR ANY OTHER PROBLEMS YOU EXPERIENCE DUE TO CAUSES BEYOND OUR CONTROL, YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE ONLINE INTERFACE IS AT YOUR SOLE RISK AND THAT THE ONLINE INTERFACE AND ALL INFORMATION, SOFTWARE, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS, AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE ONLINE INTERFACE, ARE PROVIDED ON AN "AS IS" "WHERE-IS" AND "WHERE AVAILABLE" BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU AGREE THAT UNITY IS LIABLE TO YOU ONLY FOR THE AMOUNT OF THE SERVICE FEE IT COLLECTS FROM YOU, AND NOT FOR ANY OTHER DAMAGES YOU MAY CLAIM. YOU ACKNOWLEDGE THAT WE MAKE NO WARRANTY THAT THE ONLINE INTERFACE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE UNLESS OTHERWISE STATED ON THE SITE OR IN ANY APPLICABLE AGREEMENT. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE ONLINE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT INCLUDED IN OR ACCESSIBLE FROM THE SITES. NO LICENSE IS IMPLIED IN THESE DISCLAIMERS.
Binding Arbitration. You agree that any dispute, claim or controversy arising now or in the future under or relating in any way to this Agreement, or to the Online Interface, regardless of the nature of the causes of action asserted (including claims for injunctive, declaratory, or equitable relief), shall be resolved by binding arbitration. Claims subject to arbitration include claims that are made as counterclaims, cross claims, third party claims, interpleaders, or otherwise. Arbitration replaces the right to go to court, and you therefore agree to waive any right that you or we might otherwise have had to a jury trial or the opportunity to litigate any claims in court before either a judge or jury. You further agree that you will not be able to bring a class action or other representative action (such as an action in the form of a private attorney general) to litigate any claims in court before either a judge or jury; Nor will you be able to participate as a class member in an class action or other representative action in arbitration or in court before either a judge or jury. If the preceding sentence is not enforced for any reason, then you agree that in such case any class dispute will not be resolved through arbitration.
This binding arbitration provision applies to any and all claims that you have against us, our parent, subsidiaries, affiliates, licensees, predecessors, successors, assigns, and against all of their respective employees, agents, or assigns, or that we have against you; it also includes any and all claims regarding the applicability of this arbitration clause or the validity of the Agreement, in whole or in part.
The party filing claims in arbitration must file its claims before the American Arbitration Association in Oakland County, Michigan. Judgment upon any arbitration award may be entered in any court having jurisdiction.
This Binding Arbitration provision shall survive: (i) termination or changes in the Agreement, and the relationship between you and us concerning the Agreement; and (ii) the bankruptcy of any party or any similar proceeding initiated by you or on your behalf. If any portion of this Binding Arbitration provision is deemed invalid or unenforceable, the remaining portions shall nevertheless remain in force.
Choice of Law. This Agreement and its enforcement shall be governed by the laws of the State of Michigan.
Waiver. We will not be deemed to have waived any of our rights or remedies under this Agreement unless such waiver is in writing and signed by us. No delay or omission on our part in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.
Severability. If any provision of this Agreement conflicts with the law under which this Agreement is to be construed or if any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, that provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with Michigan law. The remaining provisions of this Agreement and the application of the challenged provision to persons or circumstances other than those as to which it is invalid or unenforceable will not be affected thereby, and each of those provisions will be valid and enforceable to the full extent permitted by law.