AGREEMENT BETWEEN USER
AND IBEW Local #234 Trust Funds
Participant Benefit Website
The IBEW Local #234 Trust Funds Participant
Benefit Website is comprised of various Web pages operated by IBEW Local #234 Trust Funds Participant
Benefit Website.
The IBEW Local #234 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 IBEW Local #234 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 IBEW
Local #234 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
IBEW Local #234 Trust Funds Participant
Benefit Website reserves the right to change the terms, conditions, and notices
under which the IBEW Local #234 Trust
Funds Participant Benefit Website is offered, including but not limited to the
charges associated with the use of the IBEW Local #234 Trust Funds Participant
Benefit Website.
LINKS TO THIRD PARTY
SITES
IBEW Local #234 Trust Funds Participant
Benefit Website reserves the right to change the terms, conditions, and notices
under which the IBEW Local #234 Trust
Funds Participant Benefit Website is offered, including but not limited to the
charges associated with the use of the IBEW Local #234 Trust Funds Participant
Benefit Website.
NO UNLAWFUL OR
PROHIBITED USE
As a condition of your
use of the IBEW Local #234 Trust Funds
Participant Benefit Website, you warrant to IBEW Local #234 Trust Funds Participant
Benefit Website that you will not use the IBEW Local #234 Trust Funds Participant
Benefit Website for any purpose that is unlawful or prohibited by these terms,
conditions, and notices. You may not use the IBEW Local #234 Trust Funds Participant
Benefit Website in any manner which could damage, disable, overburden, or
impair the IBEW Local #234 Trust Funds
Participant Benefit Website or interfere with any other party's use and
enjoyment of the IBEW Local #234 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 IBEW Local #234
Trust Funds Participant Benefit Website.
USE OF COMMUNICATION
SERVICES
The IBEW Local #234 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.
IBEW Local #234 Trust Funds Participant
Benefit Website has no obligation to monitor the Communication Services.
However, IBEW Local #234 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. IBEW Local #234 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.
IBEW Local #234 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 IBEW Local #234 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. IBEW Local #234 Trust Funds Participant
Benefit Website does not control or endorse the content, messages or
information found in any Communication Service and, therefore, IBEW Local #234 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 IBEW Local #234 Trust Funds Participant
Benefit Website spokespersons, and their views do not necessarily reflect those
of IBEW Local #234 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 IBEW Local #234 Trust Funds Participant
Benefit Website OR POSTED AT ANY IBEW
Local #234 Trust Funds Participant Benefit Website
IBEW Local #234 Trust Funds Participant
Benefit Website does not claim ownership of the materials you provide to IBEW Local #234 Trust Funds Participant
Benefit (including feedback and suggestions) or post, upload, input or submit
to any IBEW Local #234 Trust Funds Participant
Benefit Website or its associated services (collectively
"Submissions"). However, by posting, uploading, inputting, providing
or submitting your Submission you are granting IBEW Local #234 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. IBEW Local #234 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 IBEW Local #234 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 IBEW Local #234 Trust Funds Participant
Benefit Website MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE
PERIODICALLY ADDED TO THE INFORMATION HEREIN. IBEW Local #234 Trust Funds Participant
Benefit Website AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN
THE IBEW Local #234 Trust Funds
Participant Benefit Website AT ANY TIME. ADVICE RECEIVED VIA THE IBEW Local #234 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.
IBEW Local #234 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 IBEW Local #234 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. IBEW Local #234 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 IBEW Local #234 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 IBEW Local #234 Trust Funds Participant Benefit
Website, WITH THE DELAY OR INABILITY TO USE THE IBEW Local #234 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 IBEW Local
#234 Trust Funds Participant Benefit Website, OR OTHERWISE ARISING OUT OF THE
USE OF THE IBEW Local #234 Trust Funds
Participant Benefit Website, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE,
STRICT LIABILITY OR OTHERWISE, EVEN IF IBEW Local #234 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 IBEW Local #234 Trust Funds
Participant Benefit Website, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND
EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE IBEW Local #234 Trust Funds Participant
Benefit Website.
SERVICE CONTACT :
Web.Support@benesysinc.com
TERMINATION/ACCESS RESTRICTION
IBEW Local #234 Trust Funds Participant
Benefit Website reserves the right, in its sole discretion, to terminate your
access to the IBEW Local #234 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 IBEW Local
#234 Trust Funds Participant Benefit Website. Use of the IBEW Local #234 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 IBEW Local #234 Trust Funds Participant
Benefit Website as a result of this agreement or use of the IBEW Local #234 Trust Funds Participant
Benefit Website. IBEW Local #234 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 IBEW Local #234 Trust
Funds Participant Benefit Website's right to comply with governmental, court
and law enforcement requests or requirements relating to your use of the IBEW Local #234 Trust Funds Participant
Benefit Website or information provided to or gathered by IBEW Local #234 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 IBEW Local #234 Trust Funds Participant
Benefit Website with respect to the IBEW
Local #234 Trust Funds Participant Benefit Website and it supersedes all prior
or contemporaneous communications and proposals, whether electronic, oral or
written, between the user and IBEW Local
#234 Trust Funds Participant Benefit Website with respect to the IBEW Local #234 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 IBEW Local #234 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.