U.B.P. Services Limited Terms of Use

Updated: February 8, 2018

Welcome to Union Benefits (as defined below and “we”, “us” or “our” as context dictates).  You must be willing to abide by these terms below (these “Terms of Use”) as well as our Privacy Policy which is incorporated by reference (together with our Privacy Policy, “our Terms”) which govern your communication with us through our website, all the services we provide online and all the Content (as defined below) available in respect of the services (all website, systems, applications and technology, including mobile applications, provided in regards to our services collectively called “Website”). YOU AGREE TO BE LEGALLY BOUND BY AND COMPLY WITH OUR TERMS REGARDLESS OF USING SERVICES OR HAVING A REGISTERED ACCOUNT.  

If acting on behalf of a Company, you agree that you have authority to bind your Company to our Terms and that our Terms bind your Company.

If you do not agree to our Terms, in whole or in part, please do not use the Website.

Definitions  

“Account” means a User’s account that was registered on our Website and created for the purposes of accessing our Services.

“Application” or “App” means My Union Benefits mobile application utilized by a User to manage a benefit plan from a smart phone.  

“Benefit Plan” means the group health and welfare benefit plan or retirement savings plan sponsored by the Member’s Union Local operated by a Trust Fund and administered by Union Benefits.

“Certified” means being officially recognized as possessing a certain qualification, criteria or meeting certain standards.

“Claim” means a request for reimbursement of or payment for an eligible health care benefit received and covered under the terms of your Benefit Plan.

“Company” means a sole proprietorship, partnership, corporation, employer, bank, or other incorporated institution.

“Content” means any content featured or displayed throughout the Website, including but not limited to text, documents, information, data, articles, opinions, images, photographs, graphics, software, Applications, video recordings, audio recordings, sounds, designs features, User comments and other materials that are available on the Website.

“Handle” means to process, record, transfer, access receive, use, disclose, retain, dispose of, destroy, manage, collect, store, or otherwise handle and any variation of “Handle” and “Handling” has the same meaning depending on the context.

“Law” means any statute, ordinance, regulation, rule, code, constitution, treaty, common law, governmental order or other requirement or rule of law of any governmental authority.

“Member” mean a person who is an authorized recipient of a Union Local’s health benefit plan and/or pension plan and who has satisfied all eligibility criteria as stipulated under the Benefit Plan rules.

“Person” means an individual or a Company.  

“Personal Information” means any identifiable information related to a Person.

“Transaction” means any trade, sale, lending agreement or an exchange or interaction between Persons on the Website.

“Trustee” means a Member of the Union Local who is a member of the Board of Trustees that collectively are responsible for conducting the business of the Trust Fund that sponsors the Benefit Plan.

“Trust Fund” means the fund into which Member contributions are deposited for the purposes of providing health or pension benefits to the contributing Member in accordance with the rules established by the Trustees.

“Union Benefits” means the corporate entity, U.B.P. Services Limited, a  third party administration firm responsible for supporting the administration of the Benefit Plan(s) and Trust Fund.

“Union Local” means the trade union which the Member belongs to and through which they may be eligible to participate in the Union Local’s Benefit Plan(s).

“User” means any Person that has a registered User Account.

“you” and “your” means either a User or such Persons as the context so requires, including a Company or other legal entity on behalf of which a Person may be acting.

Overview of Services

Union Benefits administers benefits and pension plans for Trust Funds sponsored by Union Locals and allows Members and Trustees of the Trust Funds to use our Website for a variety of purposes, including but not limited to allowing you to (i) submit claims,  (ii) check remittance of contributions by employers; (iii) view various facts and figures in relation to your benefits, (iv) obtain information about your benefit plan(s), (v) access information pertaining to the conduct of business by the Trust Fund, and (vi) communicate with us, and also allows Trustees to use the Website as a repository of information pertinent to the operation of their Trust Funds (collectively “Services”).  

• Nothing on Website constitutes (A) an offer to buy or sell Union Benefits products or services, or (B) provide you with any personalized financial, benefit, accounting, tax or legal advice.  
• The Services offered on our Website are only available and intended for a Person who is a Member.  

General Terms

• You must be 18 years or older to use this Website.
• You may not use our Services for any illegal or unauthorized purpose nor may you violate any Laws in your jurisdiction, or the Laws of Canada and the Provinces, by using our Services.
• Certain Services, such as submission of claims through the Union Benefits Online Access portal, may be executed using third-party service providers. You will be subject to such third parties’ own terms and conditions (e.g. Symbility’s End User License Agreement) with respect to the third party systems and services you are using. See Section 16 for further information regarding third parties.

Privacy

Please review our Privacy Policy. You acknowledge and agree that use of our Services is governed by our Privacy Policy in addition to our Terms. You understand that through your use of our Services, you consent to the collection and use of all information shared through the Website, including the storage, processing and use of such information in and outside of Canada by us and any third party we may utilize in provision of certain functionality of the Website.      

Understanding the Role of Each Party

• We are only responsible for providing the Website and for the provision of our Services. We provide services in our own personal or corporate capacities, and not as employees, agents or representatives of a User.  
• We play no substantive role in regards to the information found on our Website and assume no liability with respect to any act or omission of a party and any issues which arise between any party using the Website.
• You acknowledge that the information set out in the Website with respect to remittances are provided by the contributing parties and the information provided may not be up-to-date, or may contain errors which require correction; such information is in no way verified or otherwise Certified by us. 

Your Account

Account Set-up

 In order to access our Services, you must register and create an Account on the Website. Once an Account is created, the User is responsible for managing the Account.

Registration

In the process of registering for an Account, you will be asked to disclose Personal Information. You agree not to provide any false Personal Information and to keep all Personal Information up-to-date, accurate and complete at all times.  You agree not to create an Account for someone other than yourself.

Company Accounts

If acting on behalf of a Company, you agree that you have authority to bind your Company to our Terms and that your Company will be the owner of the Account.  

Username

You may not use as a username the name of another Person or entity that is not lawfully available for use, or a name or trademark that is subject to any rights of another Person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

Account Security

Your password is your proof of identity. Using a strong password helps you to protect your identity and you will protect your Account password confidential to prevent unauthorized use. We recommend that you:

• use the current version of a web browser with all of the applicable security patches installed (see applicable links:  Microsoft Internet Explorer, Google Chrome,  Mozilla Firefox,  Apple Safari);
• change your password on a regular basis;
• follow the guidelines provided to you in creating a password including using at least 8 characters with a combination of uppercase and lowercase letters, numbers and special characters in your password;
• do not leave your computer or phone unattended while connected to the Website;
• to prevent your account from remaining open when not in use, your access to the Account will be terminated after several minutes of inactivity. If this occurs, you will need to successfully sign in again with your email/access ID and password to continue;
• do not share your password with anyone;
• do not use the same password twice;
• do not write your password down;
• do not store your password in a computer file unless it is encrypted; and
• do not use personal or identifying information as your password, for example, date of birth, name or Social Insurance Number, address, etc.

To prevent others from guessing your password, we reserve the right to disable your password after repeated unsuccessful sign-on attempts. If you are blocked from signing on to your Account, call Union Benefits at 1-800-265-2568 or 1-519-725-8818 and ask to speak with someone about resetting your account/password.

Union Benefits will not be held responsible for any loss or damage which may be incurred as a result of unauthorized use of your password.

Using the App

We currently provide our mobile Application services for free, however your internet or phone carrier’s normal rates and fees will still apply in the use of the Application.

Communication

We promote safe communication practices when dealing with our clients and customers. Whether you communicate with us through telephone, email or online, you should know that we may require additional information or verification before providing you with personal information or accepting a change or new information related to your account to ensure the account holder is making the request, however:

• you’ll never be asked to provide personal, financial or confidential information in email communications initiated by Union Benefits;
• when you contact us by phone, we will always confirm your identity by asking a set of questions associated with your account that you previously supplied to us - this applies whether you contact us or we contact you;
• we will never ask you to change your account information - you are the only person who should initiate changes to your account;
• we will never ask you for your password;
• we protect your email address by maintaining appropriate technical safeguards; and
• you should never transmit personal information using personal email or using the email based information enquiry section of our website - never send your Social Insurance Number or Date of Birth using email or other public website portals.

Suspicious Activity

 If we suspect any unauthorized access to your Account or that there is suspicious activity in relation to your Account, we retain the right, but do not have an obligation, to suspend your Account and take any other related action as we deem reasonable, and you agree to assist in executing such actions, which may involve your resetting of passwords or taking other measures as may be required.

Cancellation by User

As a User, you may decide at any time to cancel your Account. Such cancellation is subject to subsection (j).  

Cancellation by Us

We reserve the right to suspend, and if deemed appropriate, cancel your Account. If we cancel your Account, you shall not create another one without our permission.

Effect of Cancellation

All provisions of these Terms of Use, as identified in Section 35 (Surviving Provisions) shall survive cancellation. Upon cancellation, your right to the use our Services will immediately cease.

Fees and Payments

There are no fees with respect to you for use of our Website. Claim which are submitted by your through our Website are processed through the systems of Symbility Health Inc., a third-party whose link is imbedded in our Website for purposes of Claims management and which generates the payment amounts owed to you in accordance with the terms of your Benefit Plan’s coverage. Payments are made by cheque mailed to you directly by Union Benefits or by direct deposit using banking credentials and authorization provided directly by you.

Insurance 

USERS AGREE THAT THEY DO NOT EXPECT US OR OUR AGENTS, OFFICERS AND DIRECTORS TO PROVIDE INSURANCE OR OTHERWISE OFFER ANY INDEMNITY IN REGARDS TO THE WEBSITE AND EACH PARTY ACKNOWLEDGES THAT IT DOES NOT RELY ON THE INSURANCE OF ANY OTHER PARTY.

Your Information

Any information you may see on the Website in respect of your contributions, payments or remittances is for unofficial informational purposes only, may not be up-to-date, and should not be deemed to be absolutely accurate; changes in such amounts may be required due to calculation errors that are corrected and such amounts as published on the Website shall be superseded by the amounts set out in Union Benefits’ internal administration systems.

If you post Content on the Website, you are responsible for the Content, including its legality, reliability and appropriateness.

By posting any Content, you grant us the right and licence to use, modify, perform, display, reproduce and distribute such Content, in accordance with our Privacy Policy, for the purposes of providing the Services outlined in Section 2.

You agree that all information or data on the Website or processed through the Website may be, without further required consent by you, Handled by a third-party for either: (1) the third party’s own legitimate business purposes; (2) purposes which serve our business purposes, including information processing and data monitoring or storage; or (3) for regulatory or other reasons which are imposed on us in a jurisdiction.

Your information may be subject to third party data management and privacy policies in the event such third parties are utilized by us or by you  (e.g. for purposes of submitting a claim).

Representations, Warranties and Covenants

You acknowledge and agree that: (1) you are 18 years old or older; (2) you have the authority to bind yourself, or such other party which you may be representing, to our Terms; (3) your use of the Website will be solely for purposes that are permitted by these Terms of Use; (4) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party; and (5) your use of the Website, as applicable, will comply with all Laws and with any applicable   policies.

User Conduct: Upon accessing the Website, you warrant that you will not:  

• violate the terms set out under Section 6 (Your Account);
• reverse engineer, de-compile, disassemble or otherwise attempt to discover the source code or underlying ideas or algorithms in the Website;
• damage, disable, overburden or impair our servers or network, or interfere with any other party’s use and enjoyment of the Website;
• copy, or make derivative work from, any part of the Website in any medium, including use of a frame or border environment around the Website, or other framing technique to enclose any portion or aspect of the Website, using any device including using spiders, data mining, robots,  or similar data gathering means;
• access the Website in order to build a commercially available product or service which competes with the Website;
• copy any features, functions, integrations, interfaces or graphics which are part of the Website;
• violate any Laws;
• willfully tamper with the security of the Website, including attempting to probe, scan or test the vulnerability of the Website or to breach the security or authentication measures;
• share any sensitive data  with us which, in the normal course of events, would demand special Handling and introduce a security burden on us that is not agreed upon by us in writing in advance of receipt of such data;
• transmit any information, through the Website or to Users in any other manner, which may: (1) be unlawful, threatening, abusive, libelous, defamatory; (2) refute or is contrary to what is set out anywhere in the Website; (3) is considered “spam” (including machine or randomly-generated, constitutes unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation or any form of lottery or gambling); (4) contains or installs any viruses, worms, malware, Trojan horses or other content that is designed or intended to disrupt, damage or limit the function of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; and (5) violates the privacy of any third party;  and
• attempt to gain unauthorized access to the Website or our computer systems or networks through hacking, password mining or any other means.

We reserve the right to investigate and prosecute, to the fullest extent of the Law, any violation of the above. Our actions against you, upon suspicion or confirmation of a violation of the above, may also include suspension or termination of your Account, removal or suspension of your Content and issuance of a warning to Users about any relevant information about you to the extent permissible under applicable Law.

Union Benefit’s Warranty

We warrant that we hold all permits or licences necessary, including licences to practice issued by professional or other regulatory bodies exercising their jurisdiction over our activities within the provinces of Ontario and Nova Scotia.

How to Deal with Misconduct

If you notice anyone who is behaving inappropriately in relation to the Website, including in violation of Law, sharing Content which is not appropriate, or disseminating passwords and using any part of the Website contrary to these Terms of Use, you should not hesitate to report the Person to us, provided however, that any such contact with us will not: (1) make us liable to you in any way; or (2) oblige us to take any action beyond what is our legal obligation.

Disclaimer Regarding our Actions

In some circumstances, we may become aware of potentially illegal or fraudulent activity in relation to the use of the Website. Any actions we take with respect of this knowledge, including any messages (e.g. warning) we might provide on the Website or through any communication directly to Users, is strictly on an “as is” basis. We do not provide: (1) any representations or warranties regarding the reliability or accuracy of any such messages; (2) any assurance that we can be relied upon to ensure that such messages will reach all those Users who would benefit from receiving the messages and that even if such messages are received, the Users will be able to avoid the harm or other adverse impact that we may have been warning about in the message; or (3) that any assurances that we will reliably become aware of such potentially illegal or fraudulent activity.

Constructive Comments and Prohibited Content

In certain circumstances, Users may provide comments on the Website. In addition to the presence of the comments on the Website, Users making such comments grant us a worldwide, royalty-free, perpetual, irrevocable and exclusive right to publish any such comments, in any manner and at any time, solely at our discretion.

Monitoring of User Activity and Privacy

We may, solely at our discretion or at the request of a governmental authority, monitor, record or otherwise process all User interactions with the Website. Further information is available in our Privacy Policy.

You agree that we, either directly or indirectly, may collect information through the use of Cookies, Internet tags or navigational data, as described further in our Privacy Policy.

You agree that we own all information collected through the use of Cookies, Internet tags or navigational data. Nothing herein will be construed as prohibiting us from using the information we collect for any purpose seen fit by us including publication of, and creation of derivative works.

Third Party Links

The Website may contain links to third-party web sites or services that are not owned or controlled by Union Benefits.

We have no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. You further acknowledge and agree that we are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Right to Terminate Account

We reserve the right, but not the obligation to, determine, solely at our discretion, whether any User violates our Terms and at our choosing suspend, terminate or deny access to a User Account, with or without prior notice.

Termination  

Our Terms will deemed to be applicable to you upon your use of the Website and will terminate only upon an actual deletion or deactivation of your Account through the means provided on the Website. Abandonment or non-use of the Account will not lead to an automatic termination of your Account.

We may terminate your access to all or any part of the Website at any time, with our without cause and with or without notice, effective immediately and for any reason deemed appropriate in our sole discretion.

Except for the provisions set out in Section 35 (Surviving Provisions) our Terms will no longer be applicable to you if your Account is cancelled or terminated.

Upon termination of your Account, (1) all rights, licenses, consents and authorizations granted pursuant to our Terms will immediately terminate and any Content which is provided by a User under our Terms will be no longer accessible by a User, and (2) we may disable all User access to services on the Website.

Notwithstanding anything to the contrary in our Terms, with respect to information and materials then in our possession or control:

• we may retain User Data in our backups, archives and disaster recovery systems until such User Data is deleted in the ordinary course; and
• all information and materials described in subsection (i) will remain subject to all confidentiality, security and other applicable requirements of our Terms.

Intellectual Property Rights

We retain ownership of all intellectual property rights of any kind related to the Website, including applicable copyrights, patents, trademarks and other proprietary rights. These Terms of Use do not transfer any intellectual property between parties.  We reserve all rights that are not expressly granted herein.

All Content and information on the Website is protected by copyright as a collective work and/or compilation under applicable Laws. These marks may not be copied, downloaded, reproduced, used, modified or distributed in any way without our prior written permission by the applicable party.

Permission for Communication

We use email and other electronic means to stay in touch with Users. You agree that when you provide us your e-mail address or personally identifying information (e.g. name, address) during or prior to access of the Website or use of any other service or tool provided through or on the Website, you: (1) consent to receive communications from us, our Affiliates, and applicable Users in electronic formats, including via the email address you have submitted, SMS messages to your telephone, or other agreed upon contact methods; (2) can opt-out from receiving communication from any such party at any time by completing the formalities on the Website, but we do not take on any liability for any communication of another party to you, particularly if you have provided your contact information to them independently rather than using the communication functions of the Website; and (3) agree that our Terms, agreements, notices, disclosures and other communications that we provide you electronically satisfy any legal requirement that such communications would satisfy if they were in writing and physically presented to you.

Disclaimer of Warranties

IN ADDITION TO ANY OTHER DISCLAIMERS SET OUT IN OUR TERMS, THE SERVICES PROVIDED, INCLUDING ALL CONTENT ON, FUNCTION OF, AND TRANSACTIONS CONDUCTED OVER, THE WEBSITE ARE “AS IS” WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND MADE BY US.  TO THE FULLEST EXTENT OF THE LAW, WE DO NOT REPRESENT THAT ANY INFORMATION EXCHANGED BETWEEN A PARTY UNDER THESE TERMS OF USE IS SECURE, EVEN IF WE BECOME AWARE OF ANY, OR ARE TOLD ABOUT, A POTENTIAL BREACH. FURTHER, WE EXPRESSLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, RELIABILITY OR ACCURACY.  WE DO NOT WARRANT THAT THE WEBSITE OR THE FUNCTIONS THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THE WEBSITE OR ANY ITEM CONNECTED WITH THE SERVER IS FREE OF VIRUSES OR ANY HARMFUL COMPONENTS. ANY TRANSMISSION TO AND FROM THIS WEBSITE, COMMUNICATION BETWEEN THE PARTIES OR ANY COMMENTS MADE BY YOU, ARE NOT CONFIDENTIAL, EXCEPT AS EXPRESSLY PROVIDED FOR ELSEWHERE IN THIS AGREEMENT.  YOU AGREE THAT YOUR USE OF THIS WEBSITE CREATES NO OBLIGATION UPON US AND THERE IS NO RELATIONSHIP (WHETHER CONTRACTUAL, FIDUCIARY OR OTHERWISE) CREATED BETWEEN YOU AND US OTHER THAN PURSUANT TO THESE TERMS.

Limitation of Liability

We will not be liable for any damages or losses arising from your use of the Website or arising under our Terms. To the maximum extent permitted by applicable Law, in no event will Union Benefits be liable to you for any loss of profits, interruption to business, harm to reputation, misuse of data, or for any incidental, direct, indirect, special, consequential or exemplary damages, however arising and whether or not Union Benefits has been informed of the possibility of such damage, even if a remedy set forth in our Terms is found to have failed of its essential purpose. We will also have no liability for any failure or delay, including the failure of any integrated or ancillary third-party service used in conjunction with the Website or for any failure of a third party to keep safe any information or other Personal Information of a User.

Release and Indemnification

You agree to indemnify and hold harmless Union Benefits, its officers, directors, employees, agents, successors and permitted assigns from and against any and all claims and expenses, including legal fees and disbursements, arising out of:

• any use of the Website (including Content posted by you or use of a social media website or Application in connection with Content on the Website) by you, including a User’s violations of any of the provisions in our Terms or any other terms as agreed upon between Users;
• allegation of facts that, if true, would constitute User’s breach of any of its representations, warranties, covenants or obligations under these Terms of Use; or
• negligence or willful misconduct by User or any third party on behalf of User in connection with these Terms of Use.

In the event of any dispute between you and any other User in connection with the Website, you agree to grant Union Benefits and its officers, employees, directors, and agents and related entities a release from all claims, causes of action, demands and damages (actual and consequential) of every kind and nature whatsoever, known and unknown, arising out of or in any way connected with such dispute now or at any time in the future.

We may, at our sole discretion and expense, choose to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without our written consent. 

Modification of Terms

Union Benefits reserves the right, at our sole discretion, to amend our Terms at any time and we will update our Terms in the event of any such amendments.

If a change is made to our Terms which we consider significant, we will post the amended Terms of Use or Privacy Policy on the Website. Although we will take reasonable steps to notify you of such significant changes made, you are expected to check our Terms periodically for any amendments.  Your continued use of the Website following such notification shall constitute your affirmative acknowledgement of our Terms, the modification and agreement to abide and be bound by our Terms, as amended. If at any time you choose not to accept our Terms, including following receipt of notification of any modifications made hereto, then please notify Union Benefits that you wish to close your personal account access and do not use the Website.

Governing Law

Our Terms and access to or use of the Website shall be governed by, and construed in accordance with the internal Laws of the Province of Ontario and the federal Laws of Canada applicable in that province, without giving effect to any choice or conflict of law provision or rule (whether of the Province of Ontario or any other jurisdiction) that would cause the application of the Laws of any jurisdiction other than those of the province of Ontario.

Arbitration

If any claim, dispute or controversy occurring amongst Users, or between a User and Union Benefits in relation to our Services, cannot be resolved within a commercially reasonable timeframe, the dispute may be referred to arbitration pursuant to the International Commercial Arbitration Act, 2017, SO 2017, c 2 (Ontario) (the “Rules”). There shall be one arbitrator selected in accordance with the Rules. The parties shall equally share the fees of the arbitrator and the facility fees and the parties shall each bear their own legal costs and expenses of the arbitration; provided, that the arbitrator shall have the authority to award such fees, costs and expenses in the decision of the arbitrator. The arbitration shall be conducted in English. Any decision of the arbitrator shall be final and binding on the parties and their respective successors and assigns and there shall be no right to appeal such decision, whether on a question of law, a question of fact, or a mixed question of fact and law. Notwithstanding the foregoing, each party shall have the right to seek injunctive or other equitable relief that may be related to the breach of confidentiality obligations or violation of the intellectual property rights set forth in these Terms of Use.

Waiver of Class Proceedings

Union Benefits and all Users hereby waive any right they may have to commence or participate in any class action lawsuit against Union Benefits related to any claim, dispute or controversy and hereby agree to opt out of any class proceeding against Union Benefits otherwise commenced.

Severability

If any portion or provision of our Terms shall to any extent be declared illegal or unenforceable by a court of competent jurisdiction, then the remainder of our Terms, or the application of such portion and provision in circumstances other than those as to which it is so declared illegal or unenforceable, shall not be affected thereby, and each portion and provision of our Terms shall be valid and enforceable to the fullest extent permitted by Law.

No Assignment

We may assign or delegate our Terms, including these Terms of Use and/or our Privacy Policy, in whole or in part, to any Person or entity at any time with or without your consent and without prior notice to you.

Users may not assign or delegate any rights or obligations under our Terms    without our prior written consent and any unauthorized assignment and delegation by you is void.

Headings and Summaries

The headings, captions and summaries in our Terms are for convenience only and in no way define or describe the scope or content of any provision of our Terms.

Notices

Except as otherwise stated in our Terms or as expressly required by Law, any notice to us shall be given by certified postal mail to 151 Frobisher Drive, Suite E220, Waterloo, Ontario, Canada N2V 2C9. Any notice to you shall be given to the most current email address in your Account or by postal mail to the address Union Benefits has on file.

No Agency

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship between you and Union Benefits is intended or created by these Terms. A User of the Website is not Union Benefits’ representative or agent, and may not enter into an agreement on our behalf.

Other Rules of Interpretation

Any reference to gender includes all genders; words importing the singular number only shall include the plural and vice versa; the word “or” is not exclusive; and the words “including”, “includes” and “include” mean “including without limitation”.

No Waiver of Covenants

Failure by any party to insist upon the strict performance of any of the covenants, agreements, terms, provisions or conditions contained in our Terms or to exercise any election shall not be construed as a waiver or relinquishment of such covenant, agreement, term, provision or condition but the same shall continue and remain in full force. No waiver shall be deemed to have been made unless expressed in writing.

Surviving Provisions

Only the following provisions of these Terms of Use will survive following any termination or expiration: Sections 7 (Fees and Payment), 10 (Representations, Warranties and Covenants), 18 (Termination), 20 (Permission for Communication), 22 (Limitation of Liability), 23 (Release and Indemnification), 25 (Governing Law), 26 (Arbitration), 27 (Waiver of Class Proceedings) and this Section 35.

Entire Agreement

These Terms of Use in combination with all policies and guidelines of the Website (including but not limited to the Privacy Policy), incorporated by reference, constitute the entire agreement between you and Union Benefits with respect to use of the Website and supersede all prior communications, agreements and understandings, written or oral, with respect to the subject matter of these Terms of Use.

YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND AGREE TO BE BOUND BY THE TERMS.