Agreement between User and IUOE Local 324 Retirement
Trust Fund Participant Website
The IUOE Local 324 Retirement Trust Fund Participant Website is comprised of
various Web pages operated by IUOE Local 324 Retirement Trust Fund.
The IUOE Local 324 Retirement Trust Fund 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 IUOE
Local 324 Retirement Trust Fund 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 IUOE Local 324
Retirement Trust Fund 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
IUOE Local 324 Retirement Trust Fund Participant Website reserves the right to
change the terms, conditions, and notices under which the IUOE Local 324
Retirement Trust Fund Participant Website is offered, including but not limited
to the charges associated with the use of the IUOE Local 324 Retirement Trust
Fund Participant Website.
LINKS TO THIRD PARTY SITES
From time to time, the Website may contain links to third-party websites. We
are not responsible for those websites or the parties that control them. All
such links to third-party sites are provided solely as a convenience to you. If
you use these links, you will leave our Website and no longer be governed by
these Terms of Use or our Privacy Policy. We are not liable for the content,
quality, suitability, functionality or legality of any such sites. You hereby
waive any claim you might have against us with respect to such sites and their
operators. Services or merchandise ordered through these links are not
affiliated with us. All matters concerning such merchandise and services are
solely between you and the merchants with whom you do business.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the IUOE Local 324 Retirement Trust Fund
Participant Website, you warrant to IUOE Local 324 Retirement Trust Fund
Participant Website that you will not use the IUOE Local 324 Retirement Trust
Fund Participant Website for any purpose that is unlawful or prohibited by
these terms, conditions, and notices. You may not use the IUOE Local 324
Retirement Trust Fund Participant Website in any manner which could damage,
disable, overburden, or impair the IUOE Local 324 Retirement Trust Fund
Participant Website or interfere with any other party's use and enjoyment of
The IUOE Local 324 Retirement Trust Fund 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 IUOE Local 324
Retirement Trust Fund Participant Website.
USE OF COMMUNICATION SERVICES
The IUOE Local 324 Retirement Trust Fund 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.
IUOE Local 324 Retirement Trust Fund Participant Website has
no obligation to monitor the Communication Services. However, IUOE Local 324
Retirement Trust Fund Participant Website reserves the right to review
materials posted to a Communication Service and to remove any materials in its
sole discretion. IUOE Local 324 Retirement Trust Fund 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.
IUOE Local 324 Retirement Trust Fund 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 IUOE
Local 324 Retirement Trust Fund Participant Website's sole discretion.
Always use caution when giving out any personally identifying information about
yourself or your children in any Communication Service. IUOE Local 324
Retirement Trust Fund Participant Website does not control or endorse the
content, messages or information found in any Communication Service and,
therefore, IUOE Local 324 Retirement Trust Fund 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 IUOE Local 324 Retirement Trust Fund
Participant Website spokespersons, and their views do not necessarily reflect
those of IUOE Local 324 Retirement Trust Fund 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 IUOE Local 324 Retirement Trust Fund Participant
Website or posted at any IUOE Local 324 Retirement Trust Fund Participant
Website
IUOE Local 324 Retirement Trust Fund Participant Website does not claim
ownership of the materials you provide to IUOE Local 324 Retirement Trust Fund
Participant Website (including feedback and suggestions) or post, upload, input
or submit to any IUOE Local 324 Retirement Trust Fund Participant Website or
its associated services (collectively "Submissions"). However, by
posting, uploading, inputting, providing or submitting your Submission you are
granting IUOE Local 324 Retirement Trust Fund 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. IUOE Local 324 Retirement Trust Fund Participant Website is
under no obligation to post or use any Submission you may provide and may
remove any Submission at any time in IUOE Local 324 Retirement Trust Fund
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 IUOE Local 324 Retirement Trust Fund Participant Website may
include inaccuracies or typographical errors. Changes are periodically added to
the information herein. IUOE Local 324 Retirement Trust Fund Participant
Website and/or its suppliers may make improvements and/or changes in the IUOE
Local 324 Retirement Trust Fund Participant Website at any time. Advice
received via the IUOE Local 324 Retirement Trust Fund 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.
IUOE Local 324 Retirement Trust Fund 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 IUOE Local 324 Retirement Trust Fund 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. IUOE
Local 324 Retirement Trust Fund 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 IUOE Local
324 Retirement Trust Fund 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 IUOE Local 324 Retirement Trust Fund Participant Website,
with the delay or inability to use the IUOE Local 324 Retirement Trust Fund
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 IUOE Local 324 Retirement Trust Fund Participant
Website, or otherwise arising out of the use of the IUOE Local 324 Retirement
Trust Fund Participant Website, whether based on contract, tort, negligence,
strict liability or otherwise, even if IUOE Local 324 Retirement Trust Fund
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 IUOE Local 324 Retirement Trust Fund Participant Website, or with any of
these terms of use, your sole and exclusive remedy is to discontinue using the IUOE
Local 324 Retirement Trust Fund Participant Website.
SERVICE CONTACT : WebSupport@benesys.com
TERMINATION/ACCESS RESTRICTION
IUOE Local 324 Retirement Trust Fund Participant Website reserves the right, in
its sole discretion, to terminate your access to The IUOE Local 324 Retirement
Trust Fund Participant Website and the related services or any portion thereof
at any time, without notice. To the maximum extent permitted by law, this
agreement is governed by the laws of the State of Michigan, U.S.A. and you
hereby consent to the exclusive jurisdiction and venue of courts in Oakland
County, Michigan, U.S.A. in all disputes arising out of or relating to the use
of The IUOE Local 324 Retirement Trust Fund Participant Website. Use of The IUOE
Local 324 Retirement Trust Fund 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 IUOE Local 324 Retirement Trust Fund Participant Website as a result of
this agreement or use of The IUOE Local 324 Retirement Trust Fund Participant
Website. IUOE Local 324 Retirement Trust Fund 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 IUOE Local 324 Retirement Trust
Fund Participant Website’s right to comply with governmental, court and law
enforcement requests or requirements relating to your use of The IUOE Local 324
Retirement Trust Fund Participant Website or information provided to or
gathered by IUOE Local 324 Retirement Trust Fund 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 IUOE Local 324 Retirement Trust Fund Participant Website
with respect to The IUOE Local 324 Retirement Trust Fund Participant Website
and it supersedes all prior or contemporaneous communications and proposals,
whether electronic, oral or written, between the user and IUOE Local 324
Retirement Trust Fund Participant Website with respect to The IUOE Local 324
Retirement Trust Fund 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:
This Website is protected to the maximum extent permitted by copyright and
trademark laws and international treaties.
The Content of this Website, and related pages, is copyrighted property
of BeneSys Inc., or other suppliers credited as the provider. You may not decompile or disassemble, reverse
engineer or otherwise attempt to discover any source code contained in the
Website. Without limiting the foregoing,
you agree not to reproduce, duplicate, copy, sell, resell, or exploit for any
commercial purposes, any aspect of the Website.
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.
This Website and all the materials available on the Website
are the property of us and/or our affiliates or licensors, and are protected by
copyright, trademark, and other intellectual property laws. The Website is
provided solely for your personal noncommercial use. You may not use the Website
or the materials available on the Website in a manner that constitutes an
infringement of our rights or that has not been authorized by us. More
specifically, unless explicitly authorized in these Terms of Use or by the
owner of the materials, you may not modify, copy, reproduce, republish, upload,
post, transmit, translate, sell, create derivative works, exploit, or
distribute in any manner or medium (including by email or other electronic
means) any material from the Website. You may, however, from time to time,
download and/or print one copy of individual pages of the Website for your
personal, non-commercial use, provided that you keep intact all copyright and
other proprietary notices.
Any rights not expressly granted herein are reserved.
Notices and Procedure for making claims of Copyright Infringement
If you believe that your work has been copied in a way that
constitutes copyright infringement, or your intellectual property rights have
been otherwise violated, please notify our agent for notice of claims of
copyright or other intellectual property infringement at:
Designated Agent: Jennifer
A. Dukarski
Address of Agent: 301
E. Liberty, Suite 500
Ann
Arbor, MI 48104
Telephone: (734)
995-3110
Fax: (734)
995-1777
Email: DMCA@butzel.com
Please provide the following information:
1. Identify
the material on the site that you claim is infringing in sufficient detail so
that we can find it;
2. Include
the specific statement that you have a good faith belief that the disputed use
you have identified is not authorized by the copyright owner, its agent, or the
law;
3. Include
the specific statement in which you declare, under penalty of perjury, that (a)
the information you have provided is accurate, and (b) that you are the owner
of the copyright interest involved or that you are authorized to act on behalf
of that owner;
4. Your
address, telephone number, and email address; and
5. Your
physical or electronic signature.
We will remove the infringing content according to the
procedures outlined in the Digital Millennium Copyright Act of 1998.
Please note that, pursuant to 17 U.S.C. 512(f), any
misrepresentation of fact or falsities in a written notification will
automatically subject the complaining party to liability for damages, costs and
attorneys’ fees incurred by us in connection with the written notification and
your allegation of copyright infringement.