AGREEMENT BETWEEN USER AND THE IBEW LOCAL 125 - PGE HEALTH AND WELFARE
TRUST PARTICIPANT BENEFIT WEBSITE
The IBEW Local 125 - PGE Health and Welfare Trust Participant Benefit Website is
comprised of various Web pages operated by the IBEW Local 125 - PGE Health and Welfare
Trust Participant Benefit Website.
The IBEW Local 125 - PGE Health and Welfare Trust 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 IBEW Local 125 - PGE Health and Welfare Trust 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 IBEW Local 125 - PGE Health and Welfare Trust 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 IBEW Local 125 - PGE Health and Welfare Trust Participant Benefit Website reserves
the right to change the terms, conditions, and notices under which the IBEW Local
125 - PGE Health and Welfare Trust Participant Benefit Website is offered, including
but not limited to the charges associated with the use of the IBEW Local 125 - PGE
Health and Welfare Trust Participant Benefit Website.
LINKS TO THIRD PARTY SITES
The IBEW Local 125 - PGE Health and Welfare Trust Participant Benefit Website reserves
the right to change the terms, conditions, and notices under which the IBEW Local
125 - PGE Health and Welfare Trust Participant Benefit Website is offered, including
but not limited to the charges associated with the use of the IBEW Local 125 - PGE
Health and Welfare Trust Participant Benefit Website.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the IBEW Local 125 - PGE Health and Welfare Trust
Participant Benefit Website, you warrant to the IBEW Local 125 - PGE Health
and Welfare Trust Participant Benefit Website that you will not use the IBEW Local
125 - PGE Health and Welfare Trust Participant Benefit Website for any purpose that
is unlawful or prohibited by these terms, conditions, and notices. You may not use
the IBEW Local 125 - PGE Health and Welfare Trust Participant Benefit Website in
any manner which could damage, disable, overburden, or impair the IBEW Local 125
- PGE Health and Welfare Trust Participant Benefit Website or interfere with any
other party's use and enjoyment of the IBEW Local 125 - PGE Health and Welfare Trust
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 IBEW Local 125 - PGE Health and Welfare Trust Participant Benefit Website.
USE OF COMMUNICATION SERVICES
The IBEW Local 125 - PGE Health and Welfare Trust 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 IBEW Local 125 - PGE Health and Welfare Trust Participant Benefit Website has
no obligation to monitor the Communication Services. However, the IBEW Local
125 - PGE Health and Welfare Trust Participant Benefit Website reserves the right
to review materials posted to a Communication Service and to remove any materials
in its sole discretion. The IBEW Local 125 - PGE Health and Welfare Trust 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 IBEW Local 125 - PGE Health and Welfare Trust 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 IBEW
Local 125 - PGE Health and Welfare Trust 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. The IBEW Local 125
- PGE Health and Welfare Trust Participant Benefit Website does not control or endorse
the content, messages or information found in any Communication Service and, therefore,
the IBEW Local 125 - PGE Health and Welfare Trust 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 IBEW Local 125 - PGE Health and Welfare Trust Participant
Benefit Website spokespersons, and their views do not necessarily reflect those
of the IBEW Local 125 - PGE Health and Welfare Trust 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 IBEW LOCAL 125 - PGE HEALTH
AND WELFARE TRUST PARTICIPANT BENEFIT WEBSITE OR POSTED AT ANY
IBEW LOCAL 125 - PGE HEALTH AND WELFARE TRUST PARTICIPANT
BENEFIT WEBSITE
The IBEW Local 125 - PGE Health and Welfare Trust Participant Benefit Website does
not claim ownership of the materials you provide to the IBEW Local 125 - PGE Health
and Welfare Trust Participant Benefit (including feedback and suggestions) or post,
upload, input or submit to any IBEW Local 125 - PGE Health and Welfare Trust Participant
Benefit Website or its associated services (collectively "Submissions"). However,
by posting, uploading, inputting, providing or submitting your Submission you are
granting the IBEW Local 125 - PGE Health and Welfare Trust 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 IBEW Local 125 - PGE Health and Welfare Trust 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 IBEW Local 125 - PGE Health and Welfare Trust
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 IBEW Local 125 - PGE Health and Welfare Trust Participant Benefit Website may
include inaccuracies or typographical errors. Changes are periodically added to
the information herein. The IBEW Local 125 - PGE Health and Welfare Trust Participant
Benefit Website and/or its suppliers may make improvements and/or changes in the
IBEW Local 125 - PGE Health and Welfare Trust Participant Benefit Website at any
time. Advice received via the IBEW Local 125 - PGE Health and Welfare Trust 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 IBEW Local 125 - PGE Health and Welfare Trust 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 IBEW Local 125 - PGE Health and Welfare Trust 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 IBEW Local 125 - PGE Health
and Welfare Trust 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 the IBEW
Local 125 - PGE Health and Welfare Trust 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 IBEW Local 125 - PGE Health and Welfare Trust Participant Benefit
Website, with the delay or inability to use the IBEW Local 125 - PGE Health and
Welfare Trust 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 IBEW Local 125 - PGE Health and Welfare
Trust Participant Benefit Website, or otherwise arising out of the use of the IBEW
Local 125 - PGE Health and Welfare Trust Participant Benefit Website, whether based
on contract, tort, negligence, strict liability or otherwise, even if the IBEW Local
125 - PGE Health and Welfare Trust 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 IBEW Local 125 - PGE Health and Welfare Trust Participant Benefit
Website, or with any of these terms of use, your sole and exclusive remedy is to
discontinue using the IBEW Local 125 - PGE Health and Welfare Trust Participant
Benefit Website
SERVICE CONTACT: WebSupport@benesys.com
TERMINATION/ACCESS RESTRICTION
The IBEW Local 125 - PGE Health and Welfare Trust Participant Benefit Website reserves
the right, in its sole discretion, to terminate your access to the IBEW Local 125
- PGE Health and Welfare Trust 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 Oregon,
U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts
in the State of Oregon, U.S.A. in all disputes arising out of or relating to the
use of the IBEW Local 125 - PGE Health and Welfare Trust Participant Benefit Website.
Use of the IBEW Local 125 - PGE Health and Welfare Trust 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 the IBEW Local 125 - PGE Health and Welfare Trust Participant Benefit
Website as a result of this agreement or use of the IBEW Local 125 - PGE Health
and Welfare Trust Participant Benefit Website. The IBEW Local 125 - PGE Health and
Welfare Trust 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 the IBEW Local 125 - PGE Health and Welfare Trust Participant Benefit
Website's right to comply with governmental, court and law enforcement requests
or requirements relating to your use of the IBEW Local 125 - PGE Health and Welfare
Trust Participant Benefit Website or information provided to or gathered by IBEW
Local 125 - PGE Health and Welfare Trust 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 the IBEW Local 125 - PGE Health and Welfare Trust
Participant Benefit Website with respect to the IBEW Local 125 - PGE Health and
Welfare Trust Participant Benefit Website and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral or written, between the user
and the IBEW Local 125 - PGE Health and Welfare Trust Participant Benefit Website
with respect to the IBEW Local 125 - PGE Health and Welfare Trust 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 IBEW Local 125 - PGE Health and Welfare Trust 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.