Terms of Use

>Terms of Use
Terms of Use2019-07-30T16:36:23-04:00

Consent to use of website

This website is owned and operated by Workers Benefit Fund (“we” or “us”). Please read the following terms and conditions (“Terms of Use”) carefully and completely before using this site. By using this site and the links accessible through this site, you expressly agree to be bound by these Terms of Use and any other terms and conditions set out throughout the site. If you do not agree with these Terms of Use, you are not authorized to access or use this site.    

We may make changes to these Terms of Use at any time. Any changes we make will be effective immediately when we post a revised version of these Terms of Use on our site. The “Last Updated” date above will tell you when these Terms of Use were last revised. By continuing to use our site after that date, you agree to the changes.

General Information

Workers Benefit Fund (WBF) provides benefits enrollment services for gig economy workers. WBF contracts with guilds, state agencies and organizations that support gig workers to deliver these services.

Use of Information

Our use of information we collect from or about you is governed by our Privacy Policy. You can access our Privacy Policy here.

Account Registration

You will be required to register for an account to use certain features of this site. Your account username may not include the name of another person with the intent to impersonate that person, or be offensive, vulgar or obscene. Your account username and password are personal to you. You will be responsible for the confidentiality and use of your username and password, and for all activities that are conducted through your account. We will not be liable for any harm related to disclosure of your username or password or the use by anyone else of your username or password. You may not use another user’s account without that user’s permission. You will immediately notify us in writing if you discover any unauthorized use of your account or other account-related security breach. We may require you to change your username and/or password if we believe your account is no longer secure or if we receive a complaint that your username violates someone else’s rights. You will have no ownership in your account or your username. We may refuse registration, cancel an account or deny access to this site for any reason.

Intellectual Property

All materials on this site, including the site’s design, graphics, text, sounds, pictures, software and other files and the selection and arrangement thereof (collectively, “Materials”) are our property or the property of our service providers or business partners, and are subject to and protected by copyright and other intellectual property laws and rights. Neither these Terms of Use nor your use of this site convey or grant to you any rights in the Materials . All rights to Materials not expressly granted in these Terms of Use are reserved to their respective copyright owners. You may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, exploit, create derivative works or otherwise use any of the Materials in any form or by any means, without our prior written authorization, which may be withheld in our sole discretion.

License

Subject to your compliance with these Terms of Use, WBF grants you a limited, non-exclusive, non- sublicensable, revocable, non-transferable license to access and use this website and any content, information and related materials that may be made available through this website, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by WBF and WBF’s service providers or business partners.

Disclaimer

INFORMATION, SERVICES, PRODUCTS, MATERIALS AND OTHER RESOURCES ON THIS WEBSITE ARE PROVIDED “AS IS,” “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WBF AND ITS SUPPLIERS AND VENDORS DISCLAIM ALL EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE INFORMATION, SERVICES, PRODUCTS, MATERIALS, AND ANY OTHER RESOURCES CONTAINED ON OR ACCESSIBLE THROUGH THIS SITE. NO WARRANTY OR REPRESENTATION IS MADE THAT THE INFORMATION ON THIS SITE IS ERROR- FREE.

While we will attempt to keep the information and the resources contained on or accessible through this site both timely and accurate, we make no guarantees, and disclaim any implied warranty or representation about the information’s or the resources’ accuracy, relevance, timeliness, completeness, or appropriateness for a particular purpose.

Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE, OUR SERVICE PROVIDERS OR OUR BUSINESS PARTNERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, RESULTING FROM ANY LOSS OF USE, LOSS OF DATA, LOSS OF PROFITS, BUSINESS INTERRUPTION, LITIGATION, OR ANY OTHER LOSS, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THIS SITE, WITH THE DELAY OR INABILITY TO USE THIS SITE, OR WITH THE PROVISION OF OR FAILURE TO MAKE AVAILABLE ANY INFORMATION, SERVICES, PRODUCTS, MATERIALS, OR OTHER RESOURCES CONTAINED ON OR ACCESSIBLE THROUGH THIS SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THESE TERMS OF USE AND THE SITE WOULD NOT BE PROVIDED TO YOU ABSENT SUCH LIMITATIONS.

Indemnification

If anyone brings a claim against us related to your use of this site or your violation of these Terms of Use, you agree to indemnify, defend and hold us and our officers, directors, employees and agents harmless from and against any and all claims, damages, losses and expenses of any kind (including reasonable legal fees and costs). We reserve the right to take exclusive control and defense of any claim, and you will cooperate fully with us in asserting any available defenses.

Telephone Communications and Agreement to be Contacted

Call Recording and Monitoring.  You acknowledge that telephone calls to or from Workers Benefit Fund, together with its agents, affiliates (including Drivers Benefits), and independent contractors (collectively, “WBF”), may be monitored and recorded and you agree to such monitoring and recording.  

Providing Telephone Numbers and Other Contact Information.  You verify that any contact information provided to WBF, our agents, affiliates (including Drivers Benefits), and independent contractors, including, but not limited to, your name, mailing address, email address, your residential or business telephone number, and/or your mobile telephone number, is true and accurate.  You verify that you are the current subscriber or owner of any telephone number that you provide. You are strictly prohibited from providing a phone number that is not your own. If we discover that any information provided in connection with your registration is false or inaccurate, we may suspend or terminate your account at any time.  Should any of your contact information change, including ownership of your telephone numbers, you agree to immediately notify us before the change goes into effect by texting STOP to shortcode 271-26, calling us at 833-284-2833, or emailing us at help@driversbenefit.org.  

Your Consent to Receive Automated Calls/Texts. You acknowledge that by voluntarily providing your telephone number(s), you expressly agree to receive prerecorded voice messages, and/or autodialed calls and text messages from us, our agents, affiliates (including Drivers Benefits), and independent contractors  related to your account, promotions, registration, policies, changes and updates, reminders about follow ups to any push notifications delivered through our mobile application, any transaction with WBF, and/or your relationship with WBF. You acknowledge that automated calls or text messages may be made to your telephone number(s) even if your telephone number(s) is registered on any state or federal Do Not Call list.  You agree that WBF may obtain, and you expressly agree to be contacted at, any email addresses, mailing addresses, or phone numbers provided by you at any time or obtained through other lawful means, such as skip tracing, caller ID capture, or other means. You agree to receive automated calls and text messages from WBF, our agents, affiliates (including Drivers Benefits), and independent contractors even if you cancel your account or terminate your relationship with us, except if you opt-out (see below).  You understand that you do not have to agree to receive automated promotional calls/texts as a condition of purchasing any goods or services. To opt-out, please see the Opt-Out Instructions below.

Opt-Out Instructions.  Your consent to receive automated calls and texts is completely voluntary.  You may opt-out at any time. To opt-out of text messages, text STOP to any text message you receive or text STOP to STOP to shortcode 271-26, calling us at 833-284-2833, or emailing us at help@driversbenefit.org. You acknowledge and agree to accept a final text message confirming your opt-out.  To opt-out of automated voice calls (not text messages), you must (i) provide us with written notice revoking your consent to receiving automated calls; (ii) in that written notice, you must include your full name, mailing address, birthday, and the specific phone number(s) for which you wish to stop automated calls; and (iii) send this written notice via email to help@driversbenefit.org. It is your sole responsibility to notify us if you no longer want to receive automated calls or text messages.  You waive any rights to bring claims for unauthorized or undesired calls or text messages by failing to opt-out immediately or by failing to follow these instructions. Please allow up to thirty (30) days to process any opt-out request. Please note that if you opt out of automated calls or text messages, we reserve the right to make non-automated calls to you.

Fees and Charges.  There is no fee to receive automated telephone calls or text messages from WBF, our agents, affiliates (including Drivers Benefits), and independent contractors.  However, you may incur a charge for these calls or text messages from your telephone carrier, which is your sole responsibility. Check your telephone plan and contact your carrier for details.  You represent and warrant that you are authorized to incur such charges and acknowledge that WBF, our agents, affiliates (including Drivers Benefits), and independent contractors are not responsible for such charges.  

Unauthorized Use of Your Telephone Device.  You must notify WBF immediately of any breach of security or unauthorized use of your telephone device.  Although WBF, our agents, affiliates (including Drivers Benefits), and independent contractors will not be liable for losses caused by any unauthorized use of your telephone device, you may be liable for our losses due to such unauthorized use.

Your Indemnification to Us.  You agree to indemnify WBF, our agents, affiliates (including Drivers Benefits), and independent contractors for any privacy, tort or other claims, including claims under the Federal Telephone Consumer Protection Act or its state law equivalent, relating to your voluntary provision of a telephone number that is not owned by you and/or your failure to notify us of any changes in your contact information, including telephone number.  You agree to indemnify, defend and hold us harmless from and against any and all such claims, losses, liability, costs and expenses (including reasonable attorneys’ fees). We shall have the exclusive right to choose counsel, at your expense, to defend any such claims.

Release of Claims.  In consideration of the services provided by WBF, our agents, affiliates (including Drivers Benefits), and independent contractors, you hereby release WBF, our agents, affiliates (including Drivers Benefits), and independent contractors from any and all claims, causes of action, lawsuits, injuries, damages, losses, liabilities or other harms resulting from or relating to telephone calls or text messages, including without limitation any claims, causes of action, or lawsuits based on any alleged violations of the law (including, without limitation, the Telephone Consumer Protection Act, Truth in Caller ID Act, Telemarketing Sales Rule, Fair Debt Collection Practices Act, or any similar state and local acts or statutes, and any federal or state tort or consumer protection laws).

General.  You are responsible for obtaining and maintaining all telephone devices and other equipment and software, and all internet service provider, mobile service, and other services needed to receive calls and text messages.  Text messaging may only be available with select carriers with compatible handsets. Your obligations under this Section will survive termination of these Terms of Use.

Miscellaneous

Our failure to insist upon strict enforcement of any provision(s) of these Terms of Use shall not be construed as a waiver of any such provision(s).

These Terms of Use and the resolution of any dispute related to these Terms of Use shall be governed by and construed in accordance with the laws of the state of New York, without giving effect to any principles of conflicts of law. Any legal action or proceeding between us and you related to these terms and conditions on this site shall be brought exclusively in a state or federal court of competent jurisdiction sitting in the New York County, New York, or the Southern District of New York.