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MUCA Terms of Service

 

 

1. ACCEPTANCE OF TERMS

Welcome to the Minnesota Utility Contractors Association (MUCA) member services area! MUCA provides this service to you, subject to the following Terms of Service ("TOS"). The TOS may be updated by the MUCA from time to time without notice. You can review the most current version of the TOS at any time at www.muca.org. As used below, the term MUCA includes any third parties affiliated with MUCA, including designees, board members, supporters, contractors, partners, and providers.

The following Notices, Terms, Conditions and Policies govern the use of the MUCA Web site, network and services. By accessing or using the MUCA Web site network or services, customers and users agree to be bound by the terms and conditions set forth in these Notices, Terms, Conditions and Policies. All Association members and users are responsible to regularly review these Notices, Terms, Conditions and Policies to determine the most current obligations and requirements.

2. AUTHORIZATION OF USE

Any person is authorized to view the information, images, texts, documents and all other content posted on the Association Web site for informational purposes only. Association may modify the terms and conditions of use at any time, without prior notice, and such modifications shall become effective upon posting on the Association Web site. Association reserves the right to restrict access to its Web site or the contents contained therein. All users are responsible to review regularly the contents of this Notice to determine the terms and conditions contained herein.

3. DESCRIPTION OF SERVICE

MUCA provides users with access to online resources, including discussion board services, regulatory updates, bi-monthly newsletters, photo galleries, and member information. Unless explicitly stated otherwise, any new features that augment or enhance this Service will be subject to the TOS. In order to use this Service, you must obtain access to the World Wide Web on your account, either directly or through devices that access web-based content, and for ‘Member-Only’ content, you must pay the cost of a one-year company membership fee associated with MUCA. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.

4. REGISTRATION OBLIGATIONS

In consideration of your use of this Service, you will: (i) provide true, accurate, current, and complete information about yourself as prompted by the MUCA membership form (the "Registration Data"), and (ii) maintain and promptly update the membership data to keep it true, accurate, current, and complete. If you fail to comply with these requirements, MUCA may suspend or terminate your account and refuse any current or future use of this Service (or any portion thereof).

5. ANTI-TRUST POLICY

Fair and vigorous competition is essential to the maintenance of this country's free enterprise system. In furtherance of this principle, all activities are to be conducted in strict compliance with antitrust laws.  Staff, officers, directors, members, and committee members are reminded that they are required to comply with the spirit and requirements of the antitrust laws.
                         
A free exchange of ideas on matters of mutual interest to representatives of MUCA members is necessary for the success of all meetings.  Such an exchange of views is essential to the successful operation of every trade association.  It is not the purpose of this policy to discourage the exploration in depth of any matters of legitimate concern to meeting participants.  Nevertheless, to ignore certain antitrust ground rules, either through ignorance or otherwise, is to create a hazard business people cannot afford.

The Sherman Antitrust Act, The Clayton Act, the Federal Trade Commission Act, and the Robinson-Patman Act comprise the basic federal antitrust laws, which set forth the broad areas of conduct considered illegal as restraints of trade.  In general, agreements or understandings between competitors that operate as an impediment to free and open competition are forbidden.  The broad language of these laws suggests the scope of federal antitrust prohibitions by forbidding any "agreement or understanding...to substantially lessen competition or tend to create a monopoly in any line of commerce."  In particular, the antitrust laws prohibit:

  • discussing the fixing or regulating of prices, markups, or the conditions or terms for the sale.
  • discussing the establishment of geographic trading areas, allocation of markets or customers, or classification of certain customers as being entitled to preferential treatment.
  • discussing or participating in any plan designed to induce any manufacturer or distributor to sell or refrain from selling, or discriminate in favor of or against any particular customer or class of customers.
  • discussing limiting or restricting the quantity of products to be produced.
  • discussing or participating in any plan designed to control the means of transportation or channels through which products may be sold.
  • discussing or participating in any plan which has the effect of discriminating against or excluding competitors.

This is, at best, only a general outline of some of the areas, which pose antitrust dangers in discussions between competitors and between sellers and their customers. They are provided to guide discussion during meetings, and in connection with social or other gatherings on those occasions. 

If any question arises about an item on a meeting agenda, it should be reviewed by legal counsel before the meeting.  If the question does not arise until the meeting has begun, or if a questionable topic is about to be discussed in connection with any gathering, whether or not a formal meeting, that discussion should be immediately stopped and not resumed until approved by legal counsel.

6. MUCA PRIVACY POLICY

This Privacy Policy applies to information collected through the following websites: muca.org, and its subpages or sites such as dayofthedozers.com and the online Pipelayers Certification site.

We collect no personal information about you when you visit this site unless you choose to provide this information. If you choose to subscribe to this site, you voluntarily provide some basic information about yourself. We collect personally identifiable information (such as name, address, and email address) only if specifically and knowingly provided by you. We do not collect or use this information for commercial marketing. For muca.org, we do not provide any User information to any third parties. For the online Pipelayers Certification, information is used for the purposes of User authentication, distribution of training/system rights to Users, and reporting to the client company on employee learning activity. Information may be provided to third parties, such as Certification identification number and expiration, at the User company’s request.

Some of our web pages utilize "cookies" and other tracking technologies. A cookie is a small piece of data that is sent to your Internet browser from a web server and stored on your computer's hard drive. A cookie cannot read data off of your computer hard disk or read cookie files created by other websites. Cookies do not damage your system. We use cookies to identify pages you have visited, so the next time you visit, those pages may be readily accessible. You can choose whether to accept cookies by changing the settings of your Internet browser. You can reset your browser to refuse all cookies, or allow your browser to show you when a cookie is being sent. However, if you choose not to accept these cookies, your experience at this and other websites may be diminished and some features may not work as intended. Tracking technologies automatically record information such as Internet domain and host names; Internet protocol (IP) addresses; browser software and operating system types; and dates and times that our site is accessed. We use this information to count the number of visitors to our site, to learn how our pages and links are used, and to help us make our site more useful to you. This information is not shared with anyone beyond the support staff to the website and is used only as a source of anonymous summary statistical information.

7. USE OF YOUR PERSONAL INFORMATION

MUCA and its operational service partners collect and use your personal information to process registrations and deliver the training requested. It is possible that MUCA may also use personal information to inform you of other programs or services available from MUCA and its affiliates. MUCA may also contact you via surveys to conduct research about your opinion of current services or of potential new services that may be offered.

MUCA does not sell, rent or lease its customer lists to third parties. Member information (name, phone, and email) may be shared between MUCA members through our directory.

8. SECURITY POLICY

When registering and making payments for events via muca.org, Secure Sockets Layer (SSL) technology is used to protect the security of your credit card information as it is transmitted to us. SSL is the industry standard in Internet encryption technology. As the credit card information travels from your computer to our server, the information is encrypted so that it cannot be read over the Internet. We also DO NOT store your credit card number, expiration date, or the CVV2/CID on our servers, or anywhere in any form.

For your safety NEVER EMAIL credit card information either in the body of the email or in an attachment.

9. MEMBER CONDUCT

You are solely responsible and liable for all information, data, text, or other materials (collectively "Content"), whether publicly posted or privately transmitted, that you post or transmit via the Service. MUCA does not (i) control any content posted via the service, or (ii) guarantee the accuracy, integrity, or quality of such content. In using the service, you will not, whether intentionally or unintentionally:

  • Upload, post, or transmit any content, regardless of whether such content actually violates applicable statutes or other laws, that (i) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, racially or ethnically offensive, or otherwise objectionable, (ii) depicts sexual acts or conduct, whether involving minors or adults, and whether implicit or explicit, the primary appeal of which is prurient, or (iii) contains sexually-oriented material that, in the specific context, is offensive or otherwise inappropriate;
  • Harm anyone in any way, including minors;
  • Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • Upload, post, or transmit any content (i) to which you do not have the requisite rights, (ii) that infringes any patent, trademark, trade secret, copyright, or other proprietary right of any party, (iii) that constitutes unsolicited or unauthorized advertising, promotional material, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of solicitation, or (iv) that contains software viruses or any other computer code, files, or programs designed to interrupt, limit the functionality of, or otherwise adversely affect any computer software or hardware or any telecommunications equipment;
  • Interfere with or disrupt the Service, or the servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service;
  • Violate any applicable local, state, national, or international law;
  • Collect or store personal data about other users;
  • Promote or provide instructional information about illegal activities, promote harm or injury against any group or individual, or promote any act of cruelty, whether to animals or otherwise.

10. PHOTO/VIDEO POLICY

MUCA frequently takes photographs and videos at MUCA meetings, events, and other activities. The image/photographic likeness of any attendee or participant may appear in photos/videos used for promotional purposes, including publication on the MUCA website, social media sites, or within other publicity which may be seen by the general public. Attendance or participation by an individual constitutes an agreement between the individual and MUCA’s use and distribution (both now and in the future) of the individual’s image or voice in all forms of electronic reproduction for promotional purposes. MUCA will not seek any further permission nor provide any notification before using such photos.

11. CONTENT SUBMISSIONS

Certain areas of the Association Web site provide for the exchange of information between the user and MUCA. Any submission by the user becomes the property of MUCA and the user, by submitting such content, represents that it holds title to and the right to use such content and grants MUCA the right to use the content of those submissions in accordance with MUCA's privacy policy. In no event will MUCA or any of its subsidiaries or affiliates be held liable for its use of such content.

MUCA claims no ownership rights in the Content you place on MUCA discussion board. By submitting Content to MUCA for inclusion on the discussion board, you grant MUCA the world-wide, royalty-free, non-exclusive license to reproduce, modify, adapt, and publish the Content solely for the purpose of displaying, distributing, and promoting your Content on the MUCA discussion board. This license exists only for as long as you continue to be a MUCA member and will terminate at the time your MUCA membership is terminated. MUCA will have, in its sole discretion, the right (but not the obligation) to review, screen, refuse, remove, or discard any Content that violates the TOS or is otherwise objectionable. You will evaluate, and bear all risks and liabilities associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

12. RESPONSIBILITIES

You are solely liable and responsible for any claim or demand made by a third party due to or arising out of your Content, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.

You are responsible for protecting the security of any access security device, including your user name and password. You agree to keep all access security devices and means to attain an access security device confidential to prevent unauthorized access to your account and to prevent unauthorized use of the service. In the event you believe the security of your access security device is compromised, you must change the components of the device. It is your obligation to inform us if you believe unauthorized use has occurred. We can cancel your access to this service at our discretion and without prior notification.

13. HIGH-RISK ACTIVITIES

The Service is not fault-tolerant and is not designed or intended for use or resale as online control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the Service could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). Accordingly, MUCA specifically disclaims any express or implied warranty of fitness for High Risk Activities. Licensee agrees that MUCA will not be liable for any claims or damages arising from the use of the Service in such applications.

14. NO RESALE OF SERVICE

You will not reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, including use of the Service or access to the Service.

15. SERVICE RESTRICTIONS

You will abide by all practices, storage limits, and other restrictions concerning the Service that MUCA may establish from time to time.

16. SERVICE MODIFICATIONS

MUCA reserves the right at any time to modify, suspend, or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. MUCA will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service. MUCA reserves the right to charge annual fees for any Service. You will be given thirty days notice prior to the assessment of any fees.

17. CANCELLATION POLICY

All events that require payment will have the following cancellation policy:
All cancellations must be received in writing no later than 5 business days before the event. Cancellations received before or on this date will receive a full refund, less a $35 administrative fee. Cancellations made less than 5 business days before the event will not receive a refund. Substitutions may be made at any time prior to the start of the event. No-shows will not receive a refund.
In the event of an event costing less than $35 for registration, the administrative fee shall be waived.
NO SHOWS WILL BE BILLED.

18. TERMINATION

MUCA may, in its sole discretion, terminate your use of or access to the Service, or your use of or access to any other MUCA service, for any reason. MUCA may also, in its sole discretion and at any time, discontinue providing the Service, or any part thereof, with or without notice. Upon any such termination, MUCA may immediately deactivate or delete your membership and all related information, passwords, and files, and may bar any further access to such files or to the Service. MUCA is not liable to you or to any third party for any such termination.

19. LINKS

Either the Service or third parties may provide links to other World Wide Web sites or resources. Links to third party Web sites are provided for the users convenience and information only. MUCA does not control and is not responsible for the content appearing on these sites. In no event will MUCA or its subsidiaries or affiliates be liable for any damages suffered by user with regard to access to or use of such Web site or the contents contained therein. MUCA makes no representations to the user concerning these sites or about the content, advertising, products, or other materials on or available from these sites and the fact that MUCA makes these links available to the user is not an endorsement or recommendation to you by MUCA of any of these sites or any material found there. Further, MUCA is not responsible or liable for any damage or loss caused or alleged to be caused by or in connection with any use of or reliance on such Content, goods, or services. The user is responsible to review and comply with the Notices, Terms, Conditions and Policies governing third party Web sites.

20. MUCA PROPRIETARY RIGHTS

The Service and any software provided by MUCA in connection with the Service ("Software") contain proprietary or confidential information that is protected by applicable intellectual property and other laws. Further, Content contained in sponsor advertisements or other information available to you through the Service is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Except as expressly authorized by MUCA, you will not modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service or the Software, in whole or in part. MUCA grants you a limited, personal, non-transferable, non-exclusive license to use the object code of Software on a single computer (the computer you are using at a specific time), provided that with respect to such Software you do not (and do not allow any third party to) copy, modify, sell, sublicense or otherwise transfer, create a derivative work of, reverse engineer, decompile, reverse assemble or otherwise attempt to discover any source code (except as expressly permitted by local laws), or grant a security interest in or otherwise assign any right. You will not use modified or unauthorized versions of the Software for any purpose, including for the purpose of obtaining access to the Service; you will not access the Service by any means other than through the interface that is provided by MUCA for such use.

21. DISCLAIMER OF WARRANTIES

  1. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND LIABILITY. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MUCA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
  2. MUCA MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) ANY RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
  3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, AND FOR LOSS OF DATA, THAT RESULTS FROM ANY SUCH MATERIAL.
  4. THE INFORMATION, IMAGES, TEXTS, DOCUMENTS OR CONTENTS APPEARING ON THE ASSOCIATION WEB SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTIABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER WARRANTY IMPLIED BY LAW. IN NO EVENT SHALL ASSOCIATION OR ANY OF ITS AFFILIATE COMPANIES OR SUBSIDIARIES BE LIABLE FOR ANY SPECIAL, INCIDENTIAL, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING BUT NOT LIMITED TO LOST DATA OR PROFITS), OR ANY OTHER DAMAGES WHATSOEVER WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, UNDER ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE IMAGES, TEXT, DOCUMENTS, CONTENT AND INFORMATION. THIS INFORMATION COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES MAY BE PERIODICALLY ADDED TO THE INFORMATION HEREIN.
  5. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MUCA, OR THROUGH OR FROM THE SERVICE, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

22. LIMITATION OF LIABILITY

MUCA IS NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA (EVEN IF MUCA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING IN ANY MANNER FROM THE SERVICE, INCLUDING: (i) THE USE, OR THE INABILITY TO USE, THE SERVICE; (ii) THE COST OF PROCURING SUBSTITUTE GOODS OR SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT, TRANSMISSIONS OR DATA; OR, (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY.

23. EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS OF SECTIONS 16 AND 17 ABOVE MAY NOT APPLY TO YOU.

24. NOTICES

Notices to you may be made via either e-mail or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices generally on the Service.

25. COPYRIGHTS

The names, logos and taglines identifying MUCA's products and services are proprietary marks of Association or its subsidiaries. Other trademarks appearing on the Association Web site may be owned by unaffiliated entities.

26. GENERAL

  1. The TOS constitutes the entire agreement between you and MUCA governing the Service, although you may also be subject to additional terms and conditions when you use affiliate or other MUCA services, third-party content, or third-party software. The TOS supercedes any prior communications, understandings, statements, or agreements between you and MUCA; further, the latest version of the TOS supercedes any prior versions of the TOS.
  2. The TOS and the relationship between you and MUCA will be governed by the laws of the State of Minnesota without regard to its conflict of law provisions. You and MUCA hereby submit to the personal and exclusive jurisdiction of the courts located within the County of Ramsey, Minnesota.
  3. The failure of MUCA to exercise or enforce any provision of the TOS will not constitute a waiver of such provision.
  4. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the court should nevertheless give effect to the parties' intentions as reflected in the provision, and allow the other provisions of the TOS to remain in full force and effect.
  5. Any claim or cause of action arising out of or related to the Service or the TOS must be filed within one year after such claim or cause of action first arises; otherwise, such claim or cause of action is forever barred, regardless of any statute or law that otherwise would provide to the contrary.
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