AGREEMENT BETWEEN USER AND THE BRICKLAYERS AND ALLIED CRAFTWORKERS LOCAL NO. 3 TRUST FUNDS PARTICIPANT BENEFIT WEBSITE
The Bricklayers and Allied Craftworkers Local No. 3 Trust Funds Participant Benefit Website
is comprised of various Web pages operated by the Bricklayers and Allied Craftworkers Local No. 3 Trust Funds Participant Benefit Website.
The Bricklayers and Allied Craftworkers Local No. 3 Trust Funds Participant Benefit Website
is offered to you conditioned on your acceptance without modification of
the terms, conditions, and notices contained herein as well as the Privacy Statement.
Your use of the Bricklayers and Allied Craftworkers Local No. 3 Trust Funds Participant Benefit Website
constitutes your agreement to all such terms, conditions, and notices.
These terms and conditions are our Terms of Use and represent a legally binding
agreement between the Bricklayers and Allied Craftworkers Local No. 3 Trust Funds Participant Benefit Website and yourself regarding
your use of this website. It is important that you periodically review this agreement.
Your continued use implies that you accept any and all changes made to this agreement.
MODIFICATION OF THESE TERMS OF USE
The Bricklayers and Allied Craftworkers Local No. 3 Trust Funds Participant Benefit Website
reserves the right to change the terms, conditions, and notices under which
the Bricklayers and Allied Craftworkers Local No. 3 Trust Funds Participant Benefit Website
is offered, including but not limited to the charges associated with the
use of the Bricklayers and Allied Craftworkers Local No. 3 Trust Funds Participant Benefit Website.
LINKS TO THIRD PARTY SITES
The Bricklayers and Allied Craftworkers Local No. 3 Trust Funds Participant Benefit Website
reserves the right to change the terms, conditions, and notices under which
the Bricklayers and Allied Craftworkers Local No. 3 Trust Funds Participant Benefit Website
is offered, including but not limited to the charges associated with the
use of the Bricklayers and Allied Craftworkers Local No. 3 Trust Funds Participant Benefit Website.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Bricklayers and Allied Craftworkers Local No. 3 Trust Funds Participant Benefit Website, you warrant to the Bricklayers and Allied Craftworkers Local No. 3 Trust Funds Participant Benefit Website
that you will not
use the Bricklayers and Allied Craftworkers Local No. 3 Trust Funds Participant Benefit Website
for any purpose that is unlawful or prohibited by these terms, conditions,
and notices. You may not use the Bricklayers and Allied Craftworkers Local No. 3 Trust Funds Participant Benefit Website
in any manner which could damage, disable,
overburden, or impair the Bricklayers and Allied Craftworkers Local No. 3 Trust Funds Participant Benefit Website or interfere with any other party's use and enjoyment
of the Bricklayers and Allied Craftworkers Local No. 3 Trust Funds Participant Benefit Website. You may not obtain or attempt to obtain any materials or information through
any means not intentionally made available or provided for through the Bricklayers and Allied Craftworkers Local No. 3 Trust Funds Participant Benefit Website.
USE OF COMMUNICATION SERVICES
The Bricklayers and Allied Craftworkers Local No. 3 Trust Funds Participant Benefit Website
may contain bulletin board services, chat areas, news groups, forums, communities,
personal web pages, calendars, and/or other message or communication facilities
designed to enable you to communicate with the public at large or with a group (collectively,
"Communication Services"), you agree to use the Communication Services only to post,
send and receive messages and material that are proper and related to the particular
Communication Service. By way of example, and not as a limitation, you agree that
when using a Communication Service, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such
as rights of privacy and publicity) of others.
- Publish, post, upload, distribute
or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent
or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual property
laws (or by rights of privacy of publicity) unless you own or control the rights
thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software
or programs that may damage the operation of another's computer.
- Advertise or
offer to sell or buy any goods or services for any business purpose, unless such
Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
-
Download any file posted by another user of a Communication Service that you know,
or reasonably should know, cannot be legally distributed in such manner.
- Falsify
or delete any author attributions, legal or other proper notices or proprietary
designations or labels of the origin or source of software or other material contained
in a file that is uploaded.
- Restrict or inhibit any other user from using and
enjoying the Communication Services.
- Violate any code of conduct or other guidelines
which may be applicable for any particular Communication Service.
- Harvest or
otherwise collect information about others, including e-mail addresses, without
their consent.
- Violate any applicable laws or regulations.
The Bricklayers and Allied Craftworkers Local No. 3 Trust Funds Participant Benefit Website
has no obligation to monitor the Communication Services. However, the Bricklayers and Allied Craftworkers Local No. 3 Trust Funds Participant Benefit Website
reserves
the right to review materials posted to a Communication Service and to remove any
materials in its sole discretion. The Bricklayers and Allied Craftworkers Local No. 3 Trust Funds Participant Benefit Website
reserves the right to terminate your access
to any or all of the Communication Services at any time without notice for any reason
whatsoever.
The Bricklayers and Allied Craftworkers Local No. 3 Trust Funds Participant Benefit Website
reserves the right at all times to disclose any information as necessary
to satisfy any applicable law, regulation, legal process or governmental request,
or to edit, refuse to post or to remove any information or materials, in whole or
in part, in the Bricklayers and Allied Craftworkers Local No. 3 Trust Funds Participant Benefit Website
sole discretion.
Always use caution when giving out any personally identifying information about
yourself or your children in any Communication Service. The Bricklayers and Allied Craftworkers Local No. 3 Trust Funds Participant Benefit Website
does not control or endorse
the content, messages or information found in any Communication Service and, therefore,
the Bricklayers and Allied Craftworkers Local No. 3 Trust Funds Participant Benefit Website
specifically disclaims any liability with regard to the Communication Services
and any actions resulting from your participation in any Communication Service.
Managers and hosts are not authorized Bricklayers and Allied Craftworkers Local No. 3 Trust Funds Participant Benefit Website
spokespersons, and their views do
not necessarily reflect those of the Bricklayers and Allied Craftworkers Local No. 3 Trust Funds Participant Benefit Website.
Materials uploaded to a Communication Service may be subject to posted limitations
on usage, reproduction and/or dissemination. You are responsible for adhering to
such limitations if you download the materials.
MATERIALS PROVIDED TO THE BRICKLAYERS AND ALLIED CRAFTWORKERS LOCAL NO. 3 TRUST FUNDS PARTICIPANT BENEFIT WEBSITE
OR POSTED AT ANY BRICKLAYERS AND ALLIED CRAFTWORKERS LOCAL NO. 3 TRUST FUNDS PARTICIPANT BENEFIT WEBSITE
The Bricklayers and Allied Craftworkers Local No. 3 Trust Funds Participant Benefit Website
does not claim ownership of the materials you provide to the Bricklayers and Allied Craftworkers Local No. 3 Trust Funds Participant Benefit Website (including feedback
and suggestions) or post, upload, input or submit to any Bricklayers and Allied Craftworkers Local No. 3 Trust Funds Participant Benefit Website
or its associated
services (collectively "Submissions"). However, by posting, uploading, inputting,
providing or submitting your Submission you are granting the Bricklayers and Allied Craftworkers Local No. 3 Trust Funds Participant Benefit Website, its affiliated
companies and necessary sub licenses permission to use your Submission in connection
with the operation of their Internet businesses including, without limitation, the
rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce,
edit, translate and reformat your Submission; and to publish your name in connection
with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided
herein. The Bricklayers and Allied Craftworkers Local No. 3 Trust Funds Participant Benefit Website
is under no obligation to post or use any Submission you may provide
and may remove any Submission at any time in the Bricklayers and Allied Craftworkers Local No. 3 Trust Funds Participant Benefit Website
sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant
and represent that you own or otherwise control all of the rights to your Submission
as described in this section including, without limitation, all the rights necessary
for you to provide, post, upload, input or submit the Submissions.
LIABILITY DISCLAIMER
The information, software, products, and services included in or available through
the Bricklayers and Allied Craftworkers Local No. 3 Trust Funds Participant Benefit Website
may include inaccuracies or typographical errors. Changes are periodically
added to the information herein. The Bricklayers and Allied Craftworkers Local No. 3 Trust Funds Participant Benefit Website
and/or its suppliers may make improvements
and/or changes in the Bricklayers and Allied Craftworkers Local No. 3 Trust Funds Participant Benefit Website
at any time. Advice received via the Bricklayers and Allied Craftworkers Local No. 3 Trust Funds Participant Benefit Website should not
be relied upon for personal, medical, legal or financial decisions and you should
consult an appropriate professional for specific advice tailored to your situation.
The Bricklayers and Allied Craftworkers Local No. 3 Trust Funds Participant Benefit Website
and/or its suppliers make no representations about the suitability, reliability,
availability, timeliness, and accuracy of the information, software, products, services
and related graphics contained on the Bricklayers and Allied Craftworkers Local No. 3 Trust Funds Participant Benefit Website
for any purpose. To the maximum extent
permitted by applicable law, all such information, software, products, services
and related graphics are provided "as is" without warranty or condition of any kind.
The Bricklayers and Allied Craftworkers Local No. 3 Trust Funds Participant Benefit Website
and/or its suppliers hereby disclaim all warranties and conditions with
regard to this information, software, products, services and related graphics, including
all implied warranties or conditions of merchantability, fitness for a particular
purpose, title and non-infringement.
To the maximum extent permitted by applicable law, in no event shall Bricklayers and Allied Craftworkers Local No. 3 Trust Funds Participant Benefit Website
and/or
its suppliers be liable for any direct, indirect, punitive, incidental, special,
consequential damages or any damages whatsoever including, without limitation, damages
for loss of use, data or profits, arising out of or in any way connected with the
use or performance of the Bricklayers and Allied Craftworkers Local No. 3 Trust Funds Participant Benefit Website, with the delay or inability to use the Bricklayers and Allied Craftworkers Local No. 3 Trust Funds Participant Benefit Website
or related
services, the provision of or failure to provide services, or for any information,
software, products, services and related graphics obtained through the Bricklayers and Allied Craftworkers Local No. 3 Trust Funds Participant Benefit Website, or
otherwise arising out of the use of the Bricklayers and Allied Craftworkers Local No. 3 Trust Funds Participant Benefit Website, whether based on contract, tort,
negligence, strict liability or otherwise, even if the Bricklayers and Allied Craftworkers Local No. 3 Trust Funds Participant Benefit Website
or any of its suppliers has
been advised of the possibility of damages. Because some states/jurisdictions do
not allow the exclusion or limitation of liability for consequential or incidental
damages, the above limitation may not apply to you. If you are dissatisfied with
any portion of the Bricklayers and Allied Craftworkers Local No. 3 Trust Funds Participant Benefit Website, or with any of these terms of use, your sole and exclusive remedy
is to discontinue using the Bricklayers and Allied Craftworkers Local No. 3 Trust Funds Participant Benefit Website.
SERVICE CONTACT: WebSupport@benesys.com
TERMINATION/ACCESS RESTRICTION
The Bricklayers and Allied Craftworkers Local No. 3 Trust Funds Participant Benefit Website
reserves the right, in its sole discretion, to terminate your access to
the Bricklayers and Allied Craftworkers Local No. 3 Trust Funds Participant Benefit Website
and the related services or any portion thereof at any time, without notice.
General to the maximum extent permitted by law, this agreement is governed by the
laws of the State of California, U.S.A. and you hereby consent to the exclusive
jurisdiction and venue of courts in San Francisco and Alameda County, California,
U.S.A. in all disputes arising out of or relating to the use of the Bricklayers and Allied Craftworkers Local No. 3 Trust Funds Participant Benefit Website. Use
of the Bricklayers and Allied Craftworkers Local No. 3 Trust Funds Participant Benefit Website
is unauthorized in any jurisdiction that does not give effect to all provisions
of these terms and conditions, including without limitation this paragraph. You
agree that no joint venture, partnership, employment, or agency relationship exists
between you and Bricklayers and Allied Craftworkers Local No. 3 Trust Funds Participant Benefit Website
as a result of this agreement or use of the Bricklayers and Allied Craftworkers Local No. 3 Trust Funds Participant Benefit Website. The Bricklayers and Allied Craftworkers Local No. 3 Trust Funds Participant Benefit Website performance
of this agreement is subject to existing laws and legal process, and nothing contained
in this agreement is in derogation of the Bricklayers and Allied Craftworkers Local No. 3 Trust Funds Participant Benefit Website
right to comply with governmental,
court and law enforcement requests or requirements relating to your use of the Bricklayers and Allied Craftworkers Local No. 3 Trust Funds Participant Benefit Website
or information
provided to or gathered by the Bricklayers and Allied Craftworkers Local No. 3 Trust Funds Participant Benefit Website Trust
Funds with respect to such use. If any part of this
agreement is determined to be invalid or unenforceable pursuant to applicable law
including, but not limited to, the warranty disclaimers and liability limitations
set forth above, then the invalid or unenforceable provision will be deemed superseded
by a valid, enforceable provision that most closely matches the intent of the original
provision and the remainder of the agreement shall continue in effect. Unless otherwise
specified herein, this agreement constitutes the entire agreement between the user
and the Bricklayers and Allied Craftworkers Local No. 3 Trust Funds Participant Benefit Website
with respect to the Bricklayers and Allied Craftworkers Local No. 3 Trust Funds Participant Benefit Website Trust
Funds and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral or written, between the user
and the Bricklayers and Allied Craftworkers Local No. 3 Trust Funds Participant Benefit Website
with respect to the Bricklayers and Allied Craftworkers Local No. 3 Trust Funds Participant Benefit Website Trust
Funds. A printed version of this agreement and of any
notice given in electronic form shall be admissible in judicial or administrative
proceedings based upon or relating to this agreement to the same extent and subject
to the same conditions as other business documents and records originally generated
and maintained in printed form. It is the express wish to the parties that this
agreement and all related documents be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the Bricklayers and Allied Craftworkers Local No. 3 Trust Funds Participant Benefit Website
are: Copyright by BeneSys, Inc. and/or its suppliers.
All rights reserved.
TRADEMARKS
The names of actual companies and products mentioned herein may be the trademarks
of their respective owners.
The example companies, organizations, products, people and events depicted herein
are fictitious. No association with any real company, organization, product, person,
or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed
copyright infringement under United States copyright law should be sent to Service
Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE
WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright
Infringement.