Terms and Conditions
1. Use of MBDS. Your access to and use of the MOST Boilermaker Delivery System ("MBDS") is
subject to the terms and conditions of the agreement below ("Agreement"). If you agree with
the terms and conditions of the Agreement, click on the "Accept" button below. If you do not
agree with the terms of the Agreement, do not click on the "Accept" button. You will not be
provided access to the MBDS if you decline to agree to the terms and conditions of the MBDS.
By clicking on the "Accept" button and using the MBDS, you agree to be bound by the terms and
conditions of the Agreement. Furthermore, each time you login or access the MBDS, you reaffirm
your agreement to be bound by the terms and conditions of the Agreement.
MOST will advise you of any material changes to this Agreement.
2. Registration and Representations. The MBDS provides you with a personalized profile. You
will also be provided a Username and a Password.
Individuals and entities that meet certain criteria may register for or obtain access to the MBDS.
There are three (3) profiles or types of users ("User Profiles") that can register for or obtain
access to the MBDS. The User Profiles are:
i. Applicant, i.e., any individual seeking referral by any Local Lodge affiliated with the
International Brotherhood of Boilermakers ("Applicant");
ii. Dispatcher, i.e., the Business Manager of a Local Lodge of the International Brotherhood
of Boilermakers or a designee of the Business Manager performing dispatching duties
iii. Contractor hiring or employing any Applicant ("Contractor").
Individuals and entities, subject to the criteria below, may register for or obtain access to the
i. Any member of the public can register as an Applicant.
ii. If you are an authorized dispatcher or authorized designee performing dispatching
duties for a local lodge of the International Brotherhood of Boilermakers, you may
register as or be designated as a Dispatcher.
iii. If you are a contractor who has registered with MOST and intends to hire Applicants,
you may register as a Contractor.
If you complete the registration process and meet the above criteria of Applicant, Dispatcher or
Contractor, you are an authorized user ("User") of the MBDS. By completing the registration
process, you warrant and represent to MOST that you meet the above criteria, if applicable.
Further, you warrant and represent to MOST that you will not allow others to gain access to the
MBDS through your Username and/or Password.
User agrees to immediately notify MOST if, at any point on time, it does not meet the criteria of
the registered User or User Profile, and further agrees not to access, use, or login into the MBDS
if it does not meet the criteria of the registered User Profile. Contact information for MOST can
be found in this Agreement and on MOST’s website www.mostprograms.com.
3. Use of MBDS. The MBDS provides Applicants with the ability to determine their preferred locals
and check their qualifications, gives Contractors the ability to create work orders and add
prospective Applicants to each job, and allows Dispatchers to also create work orders and
dispatch Applicants to the appropriate work order, perform a search, and add/remove
Applicants from the Penalty List.
User may access the MBDS for the limited purposes associated with its User Profile. User may
access and use the functions and features associated with its User Profile.
Use of the MBDS is subject to limitations. User may not copy, download, distribute, circulate,
sell, store, disseminate, broadcast, publish, transmit, retransmit, transfer, or otherwise use the
MBDS or any of the information and data on the MBDS, or any portion thereof, in any form or
by any means, except:
i. as expressly permitted by this Agreement; or
ii. with MOST’s prior written permission.
User may not sell, license, transfer, or distribute the MBDS or any of the information and data
on the MBDS to third parties. User may not reverse engineer or otherwise attempt to discern
the source code and structure of the MBDS.
With respect to the MBDS and its data and information, User shall not distribute such data or
information to a third party for use in a manner contrary to or in violation of any applicable
international, federal, state, or local statute, law, regulation, or enforceable rule.
User agrees and acknowledges that the Password is solely for individual use. User agrees and
acknowledges that he or she is prohibited from permitting any third parties to access the MBDS
by means of the Password. User agrees, acknowledges, and accepts responsibility for all access
to and use of the MBDS by means of the Password, whether or not User has knowledge of such
access and use.
None of the foregoing limitations proscribes permitted fair use of the MBDS, nor any
overarching rights or liberties under the law.
4. MOST’s Rights in MBDS. The MBDS, including the format, layout, data and information
structures, are proprietary. The MBDS, and all right, title and interest thereof, is and will remain
the exclusive property of MOST.
The MBDS design, text, graphics, the selection and arrangement thereof, and all software, data
and information, and all trademarks, names, logos and service marks displayed on the MBDS are
copyrighted and trademarked by MOST, 2012-2013, with all rights reserved. Any use,
reproduction, modification, distribution or republication of the MBDS without the prior written
consent of MOST is prohibited.
5. Reservation of Rights. MOST reserves the right to limit, in its sole discretion, any User’s or User
Profile’s access and use of the MBDS. MOST reserves the right to restrict, prohibit, and/or
suspend, in its sole discretion, any User’s or User Profile’s access and use of the MBDS. User
acknowledges that MOST cannot anticipate all bases for limitations, restrictions, prohibitions,
and/or suspensions, and acknowledges that MOST reserves such rights in its sole discretion.
MOST reserves the right, in its sole discretion, to issue a new Password to User from time to
time, to cancel any prior Password, and to expire any Password.
MOST reserves the right to modify the terms and conditions of this Agreement as set forth
herein, and will provide notice of material changes to Users.
6. Disclaimer of Warranties and Limitation of Liability. EXCEPT AS SPECIFICALLY PROVIDED
HEREIN, THE MBDS IS PROVIDED "AS IS." NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, IS
PROVIDED INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY,
PERFORMANCE, ACCURACY, AND FITNESS FOR A PARTICULAR PURPOSE. MOST MAKES NO
WARRANTY THAT ACCESS TO THE MBDS WILL BE UNINTERRUPTED, SECURE, AND/OR ERROR
FREE. MOST MAKES NO WARRANTY AS TO THE ACCURACY OF ANY INFORMATION OR DATA ON
IN NO EVENT SHALL MOST BE LIABLE TO ANY USER FOR ANY CLAIM(S) RELATING IN ANY WAY
TO USER’S ACCESS TO, USE OF AND/OR RELIANCE UPON THE MBDS OR ANY INFORMATION OR
DATA THEREOF. IN NO EVENT SHALL MOST BE LIABLE TO USER FOR ANY CONSEQUENTIAL,
EXEMPLARY, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES RELATING IN WHOLE OR IN PART TO
USER’S USE OF, OR INABILITY TO USE, THE MBDS.
USER ACKNOWLEDGES THE POSSIBLITY OF SOME HUMAN AND MACHINE ERRORS, DELAYS,
INTERRUPTIONS AND LOSSES, INCLUDING THE INADVERTENT LOSS OF DATA OR INFORMATION.
MOST SHALL NOT BE RESPONSIBLE FOR AND DISCLAIMS ALL LIABILITY FOR ANY LOSS, LIABILITY,
DAMAGE (WHETHER DIRECT, INDIRECT OR CONSEQUENTIAL), PERSONAL INJURY OR EXPENSE
OF ANY NATURE WHATSOEVER WHICH MAY BE SUFFERED BY USER OR ANY THIRD PARTY AS A
RESULT OF OR WHICH MAY BE ATTRIBUTABLE, DIRECTLY OR INDIRECTLY, TO USER’S ACCESS
AND USE OF THE MBDS, ANY INFORMATION CONTAINED ON THE MBDS, USER’S PERSONAL
INFORMATION OR MATERIAL AND INFORMATION TRANSMITTED OVER THE MBDS.
you provide may be shared among MOST, The International Brotherhood of Boilermakers, Iron
Ship Builders, Blacksmiths, Forgers, and Helpers, AFL-CIO, and its affiliated entities and
subordinate bodies, including Local and District Lodges, and used without restriction.
Personally identifiable information that MOST may collect through the MBDS includes first and
last name, mailing address, e-mail address, telephone number, union membership information,
employment-related information, qualification information, and partial social security numbers.
MOST may also collect statistical information that is not associated with any specific individual.
MOST will not sell or rent your information to any third party, and will exercise reasonable
efforts to keep the information secure.
Each User registered as an Applicant agrees and consents to sharing of their personally
identifiable information with Users registered as Dispatchers and Contractors as is necessary for
the purposes of applying an Applicant to a certain job/work order.
Each User registered as a Dispatcher or Contractor agrees that the Applicants’ personally
identifiable information of Applicants’ is confidential and not subject to disclosure, agrees that
he or she will exercise reasonable efforts to keep the information secure, and further agrees
that he or she will be responsible for any failure to keep such information secure and/or
indemnify MOST for any loss due to such failure.
The MBDS may contain links to other sites. MOST is not responsible for the content or privacy
practices of these sites and MOST suggests you review their privacy statements.
To submit questions or comments regarding this policy or the MBDS, or to review or request
changes to any personally identifiable information collected through the MBDS, please contact
MOST. Contact information for MOST can be found in this Agreement and on MOST’s website
8. Inquiry. User acknowledges and agrees that MOST may inquire as to User’s compliance with
applicable laws or with this Agreement from time to time. Subject to any applicable privilege,
User agrees to cooperate with any inquiry by MOST.
9. Applicant Qualifications. An Applicant’s eligibility to be applied to a position depends on the
Applicant’s qualifications on record with MOST. These qualifications are indicated in the MBDS.
Each User registered as an Applicant agrees that he or she is solely responsible for verifying
and confirming that his or her qualifications are current and accurate. In the event an
Applicant believes his or her qualifications are not accurate, it is incumbent on Applicant to
contact the appropriate Dispatcher as the MBDS will not prevent a Dispatcher from applying an
Applicant to a job/work order regardless of qualifications listed on the MBDS. MOST recognizes
that Dispatchers are familiar with Applicants in their jurisdiction.
10. Penalty List. The MBDS may indicate that an Applicant has been placed on or removed from an
applicable Penalty List. The Penalty List may restrict an Applicant’s ability to be applied to
certain jobs/work orders.
MOST bears no responsibility for any Applicant being placed on or removed from the Penalty
List, and each User registered as an Applicant agrees and acknowledges that MOST shall bear no
Each User registered as an Applicant consents to being subject to the restrictions of the Penalty
List, recognizes the reasonableness of such restrictions, and agrees that such consent acts as
continuous consideration for access to and use of the MBDS.
Each User registered as an Applicant also agrees that he or she will not use the MBDS to attempt
circumvent the Penalty List or to attempt to be applied to a job/work order at a time when he or
she knows, or reasonably should know, that he or she is restricted or should be restricted under
the Penalty List.
Any Applicant who wishes to contest their status on the Penalty List should contact the
appropriate Dispatcher and Business Manager.
11. Dispatcher. Each User registered as a Dispatcher acknowledges and agrees that he or she is
solely responsible and has sole discretion for maintaining the order and placement of Applicants
on or off lists and for each decision to apply Applicants to certain job/work order in the MBDS as
the MBDS does not restrict the ability of Dispatchers to apply Applicants. Each User registered
as a Dispatcher further acknowledges that the MBDS does not prevent him or her from applying
Applicants in a manner that sends an unqualified Applicant to a certain job/work order, and
agrees that MOST bears no responsibility for the decisions of the Dispatcher in utilizing the
This acknowledgement of discretion is intended to recognize that Dispatchers are familiar with
Applicants in their jurisdiction.
12. Contractor. Each User registered as a Contractor may have the ability to request certain
Applicants be applied to a certain job or work order. Despite having the ability to make such
requests, each User registered as a Contractor agrees that such request is not binding on the
Dispatcher applying the Applicants, unless selection or selectivity provisions of any applicable
Each User registered as a Contractor acknowledges that the Dispatcher is solely responsible and
has the sole discretion for each decision to apply an Applicant to a certain job/work order,
unless selection or selectivity provisions of any applicable agreement apply.
13. Uploading Restrictions. User Profiles may have the ability to upload information and data to
the MBDS. If given this ability, User agrees not to upload to the MBDS any data or information
i. the User is not authorized to distribute;
ii. violates another person's or entity's privacy or other rights; and
iii. contains viruses, malware, spyware or other like disruptive computer programs;
MOST reserves the right to trace any uploads that violate this section, and release such
information if required by legal process/subpoena or if requested by any international, federal,
state or local law enforcement agency.
14. Effective Date and Termination. This Agreement will be effective once the User clicks the
"Accept" button and upon User’s first access to the MBDS by means of the Password.
User may terminate this Agreement at any time by giving written notice via United States mail
to MOST at 753 State Ave., Ste. 800, Kansas City, KS, 66101, and by ceasing all use of the MBDS.
MOST may terminate this Agreement and User’s right to access and use of the MBDS at any
time by revoking the Password.
15. Severability. Any provision of this Agreement which is or becomes unenforceable in any
jurisdiction, whether due to invalidity, illegality, unlawfulness or for any reason whatsoever,
shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as
void and the remaining provisions of this Agreement shall remain in full force and effect.
16. Applicable Laws and Venue. Use of and access to the MBDS shall in all respects be governed by
the laws of the State of Kansas. User and MOST agree this Agreement was entered into in the
State of Kansas. User and MOST agree that the state and federal courts of Kansas located in or
within the jurisdiction of Wyandotte County, Kansas, shall have exclusive jurisdiction over all
controversies arising under this Agreement. User and MOST agree the venue of Wyandotte
County, Kansas is proper and that neither party will argue such venue is forum non conveniens.
17. Disputes. To the extent possible, User and MOST agree that all disputes arising under this
Agreement or from the application of this Agreement shall be brought before the Joint Referral
18. Tracking. Each User acknowledges and agrees that MOST may log all events, changes,
modifications made in the MBDS.
19. Non-Waiver. Failure to enforce any provision of this Agreement will not waive a party's right to
enforce such provision. The headings and captions contained in this Agreement are inserted for
convenience only and do not constitute a part hereof.
20. General Information Regarding MOST and the MBDS. The Mobilization, Optimization,
Stabilization and Training Fund (MOST) is a non-profit labor management trust established June
1, 1989. It has partnered with the construction industries, contractors, owners and craft
workers. Through listening to each of the partners, MOST has developed key programs serving
the construction industries workplace and enhancing customer service.
If you have a complaint or question regarding MOST or the MBDS, you can contact MOST via
telephone at its main office, (913) 281-5036.