Terms of Use

  1. Eligibility

By accessing The Borrowers website, you represent and warrant that you are 18 years of age or older, or an emancipated minor, or possess legal parental or guardian consent, and that you have the right, authority, and capacity to agree to and abide by these Terms of Use.  You also represent and warrant that you will use the website in a manner consistent with any and all applicable laws and regulations.

  1. The Borrowers Permissions and Restrictions

The Borrowers hereby grants you permission to access and use the website as set forth in these Terms of Use, provided that:

(a) You do not collect any personally identifiable information of others, including user names or e-mail addresses, from the website.

(b)  You may not use any The Borrowers website in violation of any applicable law or regulation.

(c) You do not use the website for any commercial purposes without the prior written authorization of The Borrowers.  You agree not to transmit or otherwise make available any unsolicited advertising, promotional information, bulk e-mail, or other solicitation.

(d) You do not circumvent, disable or otherwise interfere with security-related features of the website or our sites or servers (or networks connected to our website), including, without limitation, the following activities: (i) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (ii) attempting to interfere with communication to any user, host, or network, including, without limitation, via means of submitting a virus to this or any The Borrowers site, overloading, “flooding,” “spamming,” “mailbombing” or ”crashing”; or (iii) transmitting or otherwise making available any content containing any  “virus,” “worm,” or “trojan horse” or any other computer code, file, or program designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.  Violations of system or network security may result in civil or criminal liability.  The Borrowers will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

(e) You do not use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the website in a manner that sends more request messages to The Borrowers servers in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser.  Notwithstanding the foregoing, The Borrowers grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials.  The Borrowers reserves the right to revoke these exceptions either generally or in specific cases.

(f) You do not alter or modify any part of the website.

(g) The Borrowers reserves the right to change or discontinue any aspect of the website at any time, for any reason, and without notice to you.

(h) The Borrowers reserves the right to suspend or terminate a user’s access to the website, without prior notice and at The Borrowers’s sole discretion.

(i) This list of permissions and restrictions, along with the other terms discussed below, is not intended to be complete, but merely illustrative.  We reserve the right in our sole and final judgment to determine whether your conduct violates conduct requirements for the website.

  1. Your Use of Content on the Site

In addition to the restrictions above, the following restrictions and conditions apply specifically to your use of content on The Borrower’s website.

(a) The website is made available for your personal, non-commercial use only.  As part of such use, you may display, download and/or print pages from the site; you may link to the website; and you may forward website materials to others for personal, non-commercial uses that are reasonably related to the website’s purposes.

(b) You understand that when using the Borrowers website, you will be exposed to The Borrowers Content, User Content, and other third-party content from a variety of sources, and that The Borrowers makes no warranty about the accuracy, usefulness, safety, or intellectual property rights of or relating to such The Borrowers Content, User Content, or other third-party content.

  1. Digital Millennium Copyright Act

If you are a copyright owner or an agent thereof and believe that any The Borrowers Content or User Content infringes upon your copyright, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing The Borrowers’s Copyright Agent with the following information in writing (see 17 U.S.C § 512(c)(3) for further details):

Identification of the copyrighted work claimed to have been infringed;

Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit The Borrowers to locate the material;

A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law;

A statement that the information in the notification is accurate, and under penalty of perjury, that you are, or are authorized to act on behalf of, the owner of an exclusive right that is allegedly infringed;

Your name, mailing address, telephone number, and e-mail address; and

A physical or electronic signature of the owner of the exclusive right that is allegedly infringed, or that of the person authorized to act on behalf of the owner.

The Borrowers’s designated Copyright Agent to receive notifications of claimed infringement is AFL-CIO General Counsel, 815 16th Street, NW, Washington, DC 20006; copyrights@aflcio.org. You acknowledge that if you fail to comply with all of the above requirements, your DMCA notice may not be valid.

For clarity, only DMCA notices should go to the Copyright Agent.

  1. Disclaimer of Warranty

THIS WEBSITE IS PROVIDED TO YOU “AS IS.”  YOU AGREE THAT YOUR USE OF THE BORROWERS WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THE BORROWERS AS WELL AS ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS (COLLECTIVELY, THE “PARTIES”), DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF.  THE BORROWERS AND THE PARTIES CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS WEBSITE.  NOR DO THE PARTIES GUARANTEE THAT THE WEBSITE WILL BE ERROR FREE, OR CONTINUOUSLY AVAILABLE, OR THAT THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  THE PARTIES DO NOT WARRANT, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE PROVIDED, ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE BORROWERS WEBSITE OR ANY WEBSITE HYPERLINKED OR FEATURED IN ANY BANNER OR OTHER ADVERTISING.

  1. Limitation on Liability

IN NO EVENT SHALL THE BORROWERS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, WHETHER OR NOT THEY ARE FORESEEABLE, RELATING TO THIS WEBSITE, INCLUDING ANY DAMAGES RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE; (III) UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE; (V) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY; AND/OR (VI) ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF OR INABILITY TO USE OUR WEBSITES OR ANY CONTENT POSTED, E-MAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE THE BORROWERS WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE BORROWERS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.  TO THE EXTENT THESE LAWS APPLY TO YOU, SOME OF THE PROVISIONS SET FORTH IN THIS AGREEMENT MAY NOT APPLY.

  1. Indemnity

You agree to defend, indemnify and hold harmless THE BORROWERS, from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt and expenses (including, but not limited to, attorney’s fees), of whatever nature, arising from: (i) your use of the THE BORROWERS website; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the THE BORROWERS website.

  1. Miscellaneous

These Terms of Use and Privacy Policy shall be governed by the internal substantive laws of Washington, DC, without respect to its conflict of laws principles.  Any claim or dispute between you and The Borrowers that arises in whole or in part from the Borrowers website shall be decided exclusively by a court of competent jurisdiction located in Washington, DC.

These Terms of Use and Privacy Policy, together with any other legal notices published by The Borrowers on the website, shall constitute the entire agreement between you and The Borrowers concerning the Borrowers website and supersedes prior agreements, if any, between you and The Borrowers relating to any matter dealt with in these Terms of Use and Privacy Policy.  If any provision of these Terms of Use or Privacy Policy is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.  No waiver of any term of these Terms of Use and Privacy Policy shall be deemed a further or continuing waiver of such term or any other term, and The Borrowers failure to assert any right or provision under these Terms of Use and Privacy Policy shall not constitute a waiver of such right or provision.  These Terms of Use and Privacy Policy, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by The Borrowers or the BORROWERS without restriction.  These Terms of Use and Privacy Policy and the rights and obligations created hereunder shall be binding upon and inure solely to the benefits of the parties hereto and their respective successors and assigns, and nothing in these Terms of Use and Privacy Policy, express or implied, is intended or should be construed to confer upon any other person any right, remedy or claim under or by virtue of these Terms of Use and Privacy Policy.

You and The Borrowers, agree that any cause of action arising out of or related to the Borrowers website must commence within one (1) year after the cause of action accrues.  Otherwise, such cause of action is permanently barred.