AGREEMENT BETWEEN USER AND Pipefitters Local 636 Trust Funds Participant Benefit
Website
The Pipefitters Local
636 Trust Funds Participant Benefit Website is comprised of various Web pages operated
by Pipefitters Local 636 Trust Funds Participant Benefit Website.
The Pipefitters Local 636 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 Pipefitters
Local 636 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 Pipefitters Local 636 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
Pipefitters Local 636
Trust Funds Participant Benefit Website reserves the right to change the terms,
conditions, and notices under which the Pipefitters Local 636 Trust Funds Participant
Benefit Website is offered, including but not limited to the charges associated
with the use of the Pipefitters Local 636 Trust Funds Participant Benefit Website.
LINKS TO THIRD
PARTY SITES
Pipefitters Local 636
Trust Funds Participant Benefit Website reserves the right to change the terms,
conditions, and notices under which the Pipefitters Local 636 Trust Funds Participant
Benefit Website is offered, including but not limited to the charges associated
with the use of the Pipefitters Local 636 Trust Funds Participant Benefit Website.
NO UNLAWFUL OR
PROHIBITED USE
As a condition of your
use of the Pipefitters Local 636 Trust Funds Participant Benefit Website, you warrant
to Pipefitters Local 636 Trust Funds Participant Benefit Website that you will not
use the Pipefitters Local 636 Trust Funds Participant Benefit Website for any purpose
that is unlawful or prohibited by these terms, conditions, and notices. You may
not use the Pipefitters Local 636 Trust Funds Participant Benefit Website in any
manner which could damage, disable, overburden, or impair the Pipefitters Local
636 Trust Funds Participant Benefit Website or interfere with any other party's
use and enjoyment of the Pipefitters Local 636 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 Pipefitters Local
636 Trust Funds Participant Benefit Website.
USE OF COMMUNICATION
SERVICES
The Pipefitters Local
636 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.
Pipefitters Local 636
Trust Funds Participant Benefit Website has no obligation to monitor the Communication
Services. However, Pipefitters Local 636 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. Pipefitters Local 636 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.
Pipefitters Local 636 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 Pipefitters Local
636 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. Pipefitters Local 636 Trust
Funds Participant Benefit Website does not control or endorse the content, messages
or information found in any Communication Service and, therefore, Pipefitters Local
636 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 Pipefitters
Local 636 Trust Funds Participant Benefit Website spokespersons, and their views
do not necessarily reflect those of Pipefitters Local 636 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 Pipefitters Local 636 Trust Funds Participant Benefit Website OR POSTED AT ANY
Pipefitters Local 636 Trust Funds Participant Benefit Website
Pipefitters Local 636
Trust Funds Participant Benefit Website does not claim ownership of the materials
you provide to Pipefitters Local 636 Trust Funds Participant Benefit (including
feedback and suggestions) or post, upload, input or submit to any Pipefitters Local
636 Trust Funds Participant Benefit Website or its associated services (collectively
"Submissions"). However, by posting, uploading, inputting, providing or submitting
your Submission you are granting Pipefitters Local 636 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. Pipefitters Local 636 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 Pipefitters Local 636 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 Pipefitters Local 636
Trust Funds Participant Benefit Website MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL
ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Pipefitters Local
636 Trust Funds Participant Benefit Website AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS
AND/OR CHANGES IN THE Pipefitters Local 636 Trust Funds Participant Benefit Website
AT ANY TIME. ADVICE RECEIVED VIA THE Pipefitters Local 636 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.
Pipefitters Local 636 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 Pipefitters Local 636 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. Pipefitters Local 636 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 Pipefitters
Local 636 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 Pipefitters Local 636 Trust Funds Participant Benefit Website, WITH THE DELAY
OR INABILITY TO USE THE Pipefitters Local 636 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 Pipefitters Local 636 Trust Funds Participant Benefit Website, OR OTHERWISE
ARISING OUT OF THE USE OF THE Pipefitters Local 636 Trust Funds Participant Benefit
Website, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE,
EVEN IF Pipefitters Local 636 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 Pipefitters Local 636 Trust Funds Participant Benefit Website,
OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE
USING THE Pipefitters Local 636 Trust Funds Participant Benefit Website.
SERVICE CONTACT
: WebSupport@benesys.com
TERMINATION/ACCESS RESTRICTION
Pipefitters Local 636
Trust Funds Participant Benefit Website reserves the right, in its sole discretion,
to terminate your access to the Pipefitters Local 636 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 Pipefitters
Local 636 Trust Funds Participant Benefit Website. Use of the Pipefitters Local
636 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 Pipefitters Local 636
Trust Funds Participant Benefit Website as a result of this agreement or use of
the Pipefitters Local 636 Trust Funds Participant Benefit Website. Pipefitters Local
636 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 Pipefitters Local 636 Trust Funds Participant Benefit Website's right
to comply with governmental, court and law enforcement requests or requirements
relating to your use of the Pipefitters Local 636 Trust Funds Participant Benefit
Website or information provided to or gathered by Pipefitters Local 636 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 Pipefitters Local 636 Trust Funds Participant Benefit Website with respect to
the Pipefitters Local 636 Trust Funds Participant Benefit Website and it supersedes
all prior or contemporaneous communications and proposals, whether electronic, oral
or written, between the user and Pipefitters Local 636 Trust Funds Participant Benefit
Website with respect to the Pipefitters Local 636 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 Pipefitters
Local 636 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.