AGREEMENT BETWEEN USER AND IATSE Local 16 Trust Funds Participant Benefit
Website
The IATSE Local 16 Trust Funds Participant Benefit Website is comprised of various
Web pages operated by IATSE Local 16 Trust Funds Participant Benefit Website.
The IATSE Local 16 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 IATSE Local 16 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 IATSE Local 16 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
IATSE Local 16 Trust Funds Participant Benefit Website reserves the right to change
the terms, conditions, and notices under which the IATSE Local 16 Trust Funds Participant
Benefit Website is offered, including but not limited to the charges associated
with the use of the IATSE Local 16 Trust Funds Participant Benefit Website.
LINKS TO THIRD PARTY SITES
IATSE Local 16 Trust Funds Participant Benefit Website reserves the right to change
the terms, conditions, and notices under which the IATSE Local 16 Trust Funds Participant
Benefit Website is offered, including but not limited to the charges associated
with the use of the IATSE Local 16 Trust Funds Participant Benefit Website.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the IATSE Local 16 Trust Funds Participant Benefit
Website, you warrant to IATSE Local 16 Trust Funds Participant Benefit Website that
you will not use the IATSE Local 16 Trust Funds Participant Benefit Website for
any purpose that is unlawful or prohibited by these terms, conditions, and notices.
You may not use the IATSE Local 16 Trust Funds Participant Benefit Website in any
manner which could damage, disable, overburden, or impair the IATSE Local 16 Trust
Funds Participant Benefit Website or interfere with any other party's use and enjoyment
of the IATSE Local 16 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 IATSE Local 16 Trust Funds Participant
Benefit Website.
USE OF COMMUNICATION SERVICES
The IATSE Local 16 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.
IATSE Local 16 Trust Funds Participant Benefit Website has no obligation to monitor
the Communication Services. However, IATSE Local 16 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. IATSE Local 16 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.
IATSE Local 16 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 IATSE Local 16 Trust Funds Participant
Benefit Website's sole discretion.
Always use caution when giving out any personally identifying information about
yourself or your children in any Communication Service. IATSE Local 16 Trust Funds
Participant Benefit Website does not control or endorse the content, messages or
information found in any Communication Service and, therefore, IATSE Local 16 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 IATSE Local
16 Trust Funds Participant Benefit Website spokespersons, and their views do not
necessarily reflect those of IATSE Local 16 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 IATSE Local 16 Trust Funds Participant Benefit Website
OR POSTED AT ANY IATSE Local 16 Trust Funds Participant Benefit Website
IATSE Local 16 Trust Funds Participant Benefit Website does not claim ownership
of the materials you provide to IATSE Local 16 Trust Funds Participant Benefit (including
feedback and suggestions) or post, upload, input or submit to any IATSE Local 16
Trust Funds Participant Benefit Website or its associated services (collectively
"Submissions"). However, by posting, uploading, inputting, providing or submitting
your Submission you are granting IATSE Local 16 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. IATSE Local 16 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 IATSE Local 16 Trust Funds Participant Benefit Website's 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 IATSE Local 16 Trust Funds Participant Benefit Website MAY INCLUDE INACCURACIES
OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN.
IATSE Local 16 Trust Funds Participant Benefit Website AND/OR ITS SUPPLIERS MAY
MAKE IMPROVEMENTS AND/OR CHANGES IN THE IATSE Local 16 Trust Funds Participant Benefit
Website AT ANY TIME. ADVICE RECEIVED VIA THE IATSE Local 16 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.
IATSE Local 16 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 IATSE Local 16 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. IATSE Local 16 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 IATSE Local
16 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 IATSE
Local 16 Trust Funds Participant Benefit Website, WITH THE DELAY OR INABILITY TO
USE THE IATSE Local 16 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 IATSE Local 16 Trust
Funds Participant Benefit Website, OR OTHERWISE ARISING OUT OF THE USE OF THE IATSE
Local 16 Trust Funds Participant Benefit Website, WHETHER BASED ON CONTRACT, TORT,
NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF IATSE Local 16 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 IATSE Local 16 Trust Funds Participant
Benefit Website, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY
IS TO DISCONTINUE USING THE IATSE Local 16 Trust Funds Participant Benefit Website.
SERVICE CONTACT : WebSupport@benesys.com
TERMINATION/ACCESS RESTRICTION
IATSE Local 16 Trust Funds Participant Benefit Website reserves the right, in its
sole discretion, to terminate your access to the IATSE Local 16 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 IATSE Local
16 Trust Funds Participant Benefit Website. Use of the IATSE Local 16 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 IATSE Local 16 Trust Funds Participant Benefit
Website as a result of this agreement or use of the IATSE Local 16 Trust Funds Participant
Benefit Website. IATSE Local 16 Trust Funds Participant Benefit Website's performance
of this agreement is subject to existing laws and legal process, and nothing contained
in this agreement is in derogation of IATSE Local 16 Trust Funds Participant Benefit
Website's right to comply with governmental, court and law enforcement requests
or requirements relating to your use of the IATSE Local 16 Trust Funds Participant
Benefit Website or information provided to or gathered by IATSE Local 16 Trust Funds
Participant Benefit Website 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 IATSE Local 16 Trust Funds Participant Benefit Website with respect to the IATSE
Local 16 Trust Funds Participant Benefit Website and it supersedes all prior or
contemporaneous communications and proposals, whether electronic, oral or written,
between the user and IATSE Local 16 Trust Funds Participant Benefit Website with
respect to the IATSE Local 16 Trust Funds Participant Benefit Website. 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 IATSE Local 16 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.