AGREEMENT BETWEEN USER AND Iron Workers’ Local No. 25 Trust Funds
Participant Benefit Website
The Iron Workers’ Local
No. 25 Trust Funds Participant Benefit Website is comprised of various Web
pages operated by Iron Workers’ Local No. 25 Trust Funds Participant Benefit
Website.
The Iron Workers’ Local No. 25 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 Iron Workers’ Local No. 25 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 Iron Workers’ Local No. 25 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
Iron Workers’ Local No.
25 Trust Funds Participant Benefit Website reserves the right to change the
terms, conditions, and notices under which the Iron Workers’ Local No. 25 Trust
Funds Participant Benefit Website is offered, including but not limited to the
charges associated with the use of the Iron Workers’ Local No. 25 Trust Funds
Participant Benefit Website.
LINKS TO THIRD PARTY
SITES
Iron Workers’ Local No.
25 Trust Funds Participant Benefit Website reserves the right to change the
terms, conditions, and notices under which the Iron Workers’ Local No. 25 Trust
Funds Participant Benefit Website is offered, including but not limited to the
charges associated with the use of the Iron Workers’ Local No. 25 Trust Funds
Participant Benefit Website.
NO UNLAWFUL OR
PROHIBITED USE
As a condition of your
use of the Iron Workers’ Local No. 25 Trust Funds Participant Benefit Website,
you warrant to Iron Workers’ Local No. 25 Trust Funds Participant Benefit
Website that you will not use the Iron Workers’ Local No. 25 Trust Funds
Participant Benefit Website for any purpose that is unlawful or prohibited by
these terms, conditions, and notices. You may not use the Iron Workers’ Local
No. 25 Trust Funds Participant Benefit Website in any manner which could
damage, disable, overburden, or impair the Iron Workers’ Local No. 25 Trust
Funds Participant Benefit Website or interfere with any other party's use and
enjoyment of the Iron Workers’ Local No. 25 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 Iron
Workers’ Local No. 25 Trust Funds Participant Benefit Website.
USE OF COMMUNICATION
SERVICES
The Iron Workers’ Local
No. 25 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.
Iron Workers’ Local No.
25 Trust Funds Participant Benefit Website has no obligation to monitor the
Communication Services. However, Iron Workers’ Local No. 25 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. Iron
Workers’ Local No. 25 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.
Iron Workers’ Local No. 25 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 Iron Workers’ Local No. 25 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. Iron Workers’ Local No.
25 Trust Funds Participant Benefit Website does not control or endorse the
content, messages or information found in any Communication Service and,
therefore, Iron Workers’ Local No. 25 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 Iron Workers’ Local No. 25 Trust Funds
Participant Benefit Website spokespersons, and their views do not necessarily
reflect those of Iron Workers’ Local No. 25 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 Iron
Workers’ Local No. 25 Trust Funds Participant Benefit Website OR POSTED AT ANY Iron
Workers’ Local No. 25 Trust Funds Participant Benefit Website
Iron Workers’ Local No.
25 Trust Funds Participant Benefit Website does not claim ownership of the
materials you provide to Iron Workers’ Local No. 25 Trust Funds Participant
Benefit (including feedback and suggestions) or post, upload, input or submit
to any Iron Workers’ Local No. 25 Trust Funds Participant Benefit Website or
its associated services (collectively "Submissions"). However, by
posting, uploading, inputting, providing or submitting your Submission you are
granting Iron Workers’ Local No. 25 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. Iron Workers’ Local No. 25 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 Iron Workers’ Local No. 25 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 Iron
Workers’ Local No. 25 Trust Funds Participant Benefit Website MAY INCLUDE
INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE
INFORMATION HEREIN. Iron Workers’ Local No. 25 Trust Funds Participant Benefit
Website AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE Iron
Workers’ Local No. 25 Trust Funds Participant Benefit Website AT ANY TIME.
ADVICE RECEIVED VIA THE Iron Workers’ Local No. 25 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.
Iron Workers’ Local No. 25 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 Iron Workers’ Local No. 25 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. Iron Workers’ Local No. 25 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 Iron
Workers’ Local No. 25 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 Iron Workers’ Local No. 25 Trust
Funds Participant Benefit Website, WITH THE DELAY OR INABILITY TO USE THE Iron
Workers’ Local No. 25 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 Iron Workers’ Local No. 25 Trust Funds Participant Benefit Website, OR
OTHERWISE ARISING OUT OF THE USE OF THE Iron Workers’ Local No. 25 Trust Funds
Participant Benefit Website, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE,
STRICT LIABILITY OR OTHERWISE, EVEN IF Iron Workers’ Local No. 25 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 Iron Workers’ Local No. 25 Trust Funds Participant Benefit
Website, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS
TO DISCONTINUE USING THE Iron Workers’ Local No. 25 Trust Funds Participant
Benefit Website.
SERVICE CONTACT :
WebSupport@benesys.com
TERMINATION/ACCESS RESTRICTION
Iron Workers’ Local No.
25 Trust Funds Participant Benefit Website reserves the right, in its sole
discretion, to terminate your access to the Iron Workers’ Local No. 25 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 Iron Workers’ Local No. 25 Trust Funds
Participant Benefit Website. Use of the Iron Workers’ Local No. 25 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 Iron Workers’ Local
No. 25 Trust Funds Participant Benefit Website as a result of this agreement or
use of the Iron Workers’ Local No. 25 Trust Funds Participant Benefit Website. Iron
Workers’ Local No. 25 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 Iron Workers’ Local No. 25
Trust Funds Participant Benefit Website's right to comply with governmental,
court and law enforcement requests or requirements relating to your use of the Iron
Workers’ Local No. 25 Trust Funds Participant Benefit Website or information
provided to or gathered by Iron Workers’ Local No. 25 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 Iron Workers’ Local No.
25 Trust Funds Participant Benefit Website with respect to the Iron Workers’
Local No. 25 Trust Funds Participant Benefit Website and it supersedes all
prior or contemporaneous communications and proposals, whether electronic, oral
or written, between the user and Iron Workers’ Local No. 25 Trust Funds
Participant Benefit Website with respect to the Iron Workers’ Local No. 25
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 Iron
Workers’ Local No. 25 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.