AGREEMENT BETWEEN USER AND I.B.E.W. Local 246 Participant
Website
The I.B.E.W. Local 246 Participant Website is comprised of various Web pages
operated by I.B.E.W. Local 246.
The I.B.E.W. Local 246 Participant 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 I.B.E.W.
Local 246 Participant 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 I.B.E.W. Local 246and 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
I.B.E.W. Local 246 Participant Website reserves the right to change the terms,
conditions, and notices under which the I.B.E.W. Local 246 Participant Website
is offered, including but not limited to the charges associated with the use of
the I.B.E.W. Local 246 Participant Website.
LINKS TO THIRD PARTY SITES
I.B.E.W. Local 246 Participant Website reserves the right to change the terms,
conditions, and notices under which the I.B.E.W. Local 246 Participant Website
is offered, including but not limited to the charges associated with the use of
the I.B.E.W. Local 246 Participant Website.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the I.B.E.W. Local 246 Participant Website, you
warrant to I.B.E.W. Local 246 Participant Website that you will not use the I.B.E.W.
Local 246 Participant Website for any purpose that is unlawful or prohibited by
these terms, conditions, and notices. You may not use the I.B.E.W. Local 246
Participant Website in any manner which could damage, disable, overburden, or
impair the I.B.E.W. Local 246 Participant Website or interfere with any other
party's use and enjoyment of The I.B.E.W. Local 246 Participant 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 I.B.E.W.
Local 246 Participant Website.
USE OF COMMUNICATION SERVICES
The I.B.E.W. Local 246 Participant 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.
I.B.E.W. Local 246 Participant Website has no obligation to
monitor the Communication Services. However, I.B.E.W. Local 246 Participant
Website reserves the right to review materials posted to a Communication
Service and to remove any materials in its sole discretion. I.B.E.W. Local 246
Participant 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.
I.B.E.W. Local 246 Participant 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 I.B.E.W.
Local 246 Participant Website's sole discretion.
Always use caution when giving out any personally identifying information about
yourself or your children in any Communication Service. I.B.E.W. Local 246
Participant Website does not control or endorse the content, messages or
information found in any Communication Service and, therefore, I.B.E.W. Local
246 Participant 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 I.B.E.W. Local 246
Participant Website spokespersons, and their views do not necessarily reflect
those of I.B.E.W. Local 246 Participant 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 I.B.E.W. Local 246 Participant Website OR POSTED AT
ANY I.B.E.W. Local 246 Participant Website
I.B.E.W. Local 246 Participant Website does not claim ownership of the
materials you provide to I.B.E.W. Local 246 Participant Website (including
feedback and suggestions) or post, upload, input or submit to any I.B.E.W.
Local 246 Participant Website or its associated services (collectively
"Submissions"). However, by posting, uploading, inputting, providing
or submitting your Submission you are granting I.B.E.W. Local 246 Participant
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. I.B.E.W. Local 246 Participant Website is under no obligation
to post or use any Submission you may provide and may remove any Submission at
any time in I.B.E.W. Local 246 Participant 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 I.B.E.W. Local 246 Participant Website may include inaccuracies or
typographical errors. Changes are periodically added to the information herein.
I.B.E.W. Local 246 Participant Website and/or its suppliers may make
improvements and/or changes in the I.B.E.W. Local 246 Participant Website at
any time. Advice received via the I.B.E.W. Local 246 Participant 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.
I.B.E.W. Local 246 Participant 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 I.B.E.W. Local 246 Participant 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. I.B.E.W. Local 246
Participant 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 I.B.E.W.
Local 246 Participant 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 I.B.E.W. Local 246 Participant Website, with the delay or inability to use
the I.B.E.W. Local 246 Participant 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 I.B.E.W. Local 246
Participant Website, or otherwise arising out of the use of the I.B.E.W. Local
246 Participant Website, whether based on contract, tort, negligence, strict
liability or otherwise, even if I.B.E.W. Local 246 Participant 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 I.B.E.W. Local 246 Participant
Website, or with any of these terms of use, your sole and exclusive remedy is
to discontinue using the I.B.E.W. Local 246 Participant Website.
SERVICE CONTACT: WebSupport@benesys.com
TERMINATION/ACCESS RESTRICTION
I.B.E.W. Local 246 Participant Website reserves the right, in its sole
discretion, to terminate your access to The I.B.E.W. Local 246 Participant
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 I.B.E.W. Local 246 Participant Website. Use of The I.B.E.W. Local
246 Participant 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 I.B.E.W. Local 246 Participant
Website as a result of this agreement or use of The I.B.E.W. Local 246
Participant Website. I.B.E.W. Local 246 Participant Website's performance of
this agreement is subject to existing laws and legal process, and nothing
contained in this agreement is in derogation of I.B.E.W. Local 246 Participant
Website’s right to comply with governmental, court and law enforcement requests
or requirements relating to your use of The I.B.E.W. Local 246 Participant
Website or information provided to or gathered by I.B.E.W. Local 246
Participant 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 I.B.E.W. Local 246
Participant Website with respect to The I.B.E.W. Local 246 Participant Website
and it supersedes all prior or contemporaneous communications and proposals,
whether electronic, oral or written, between the user and I.B.E.W. Local 246
Participant Website with respect to The I.B.E.W. Local 246 Participant 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 I.B.E.W. Local 246 Participant Website are: Copyright 2016
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.