AGREEMENT BETWEEN USER AND THE PLUMBERS
& PIPEFITTERS LOCAL 219 TRUST FUNDS PARTICIPANT BENEFITS WEBSITE
The Plumbers & Pipefitters Local
219 Trust Funds Participant Benefit Website is comprised of various Web pages
operated by the Plumbers & Pipefitters Local 219 Trust Funds Participant
Benefit Website.
The Plumbers & Pipefitters Local 219 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 Plumbers & Pipefitters Local 219 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 the Plumbers & Pipefitters Local
219 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
The Plumbers & Pipefitters Local 219
Trust Funds Participant Benefit Website reserves the right to change the terms,
conditions, and notices under which the Plumbers & Pipefitters Local 219
Trust Funds Participant Benefit Website is offered, including but not limited
to the charges associated with the use of the Plumbers & Pipefitters Local
219 Trust Funds Participant Benefit Website.
LINKS TO THIRD PARTY SITES
The Plumbers & Pipefitters Local 219
Trust Funds Participant Benefit Website reserves the right to change the terms,
conditions, and notices under which the Plumbers & Pipefitters Local 219
Trust Funds Participant Benefit Website is offered, including but not limited
to the charges associated with the use of the Plumbers & Pipefitters Local
219 Trust Funds Participant Benefit Website.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Plumbers
& Pipefitters Local 219 Trust Funds Participant Benefit Website, you
warrant to the Plumbers & Pipefitters Local 219 Trust Funds Participant Benefit
Website that you will not use the Plumbers & Pipefitters Local 219 Trust
Funds Participant Benefit Website for any purpose that is unlawful or
prohibited by these terms, conditions, and notices. You may not use the Plumbers
& Pipefitters Local 219 Trust Funds Participant Benefit Website in any
manner which could damage, disable, overburden, or impair the Plumbers &
Pipefitters Local 219 Trust Funds Participant Benefit Website or interfere with
any other party's use and enjoyment of the Plumbers & Pipefitters Local 219
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 Plumbers & Pipefitters Local 219
Trust Funds Participant Benefit Website.
USE OF COMMUNICATION SERVICES
The Plumbers & Pipefitters Local
219 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.
The Plumbers & Pipefitters Local 219
Trust Funds Participant Benefit Website has no obligation to monitor the
Communication Services. However, the Plumbers & Pipefitters Local 219 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. The Plumbers
& Pipefitters Local 219 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.
The Plumbers & Pipefitters Local 219 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 the Plumbers & Pipefitters Local 219 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. The Plumbers &
Pipefitters Local 219 Trust Funds Participant Benefit Website does not control
or endorse the content, messages or information found in any Communication
Service and, therefore, the Plumbers & Pipefitters Local 219 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 Plumbers &
Pipefitters Local 219 Trust Funds Participant Benefit Website spokespersons,
and their views do not necessarily reflect those of the Plumbers & Pipefitters
Local 219 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 THE PLUMBERS& PIPEFITTERS LOCAL 219 TRUST FUNDS PARTICIPANT BENEFITS WEBSITE OR POSTED AT ANY PLUMBERS & PIPEFITTERS LOCAL 219 TRUST FUNDS PARTICIPANT BENEFITS WEBSITE
The Plumbers & Pipefitters Local 219
Trust Funds Participant Benefit Website does not claim ownership of the
materials you provide to the Plumbers & Pipefitters Local 219 Trust Funds
Participant Benefit (including feedback and suggestions) or post, upload, input
or submit to any Plumbers & Pipefitters Local 219 Trust Funds Participant
Benefit Website or its associated services (collectively
"Submissions"). However, by posting, uploading, inputting, providing
or submitting your Submission you are granting the Plumbers & Pipefitters Local
219 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. The Plumbers & Pipefitters Local 219 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 the Plumbers & Pipefitters
Local 219 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 Plumbers & Pipefitters
Local 219 Trust Funds Participant Benefit Website may include inaccuracies or
typographical errors. changes are periodically added to the information herein.
The Plumbers & Pipefitters
Local 219 Trust Funds Participant Benefit Website and/or its suppliers may make improvements and/or changes in the Plumbers & Pipefitters
Local 219 Trust Funds Participant Benefit Website at any time.
advice received via the Plumbers & Pipefitters
Local 219 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.
The Plumbers & Pipefitters
Local 219 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 Plumbers & Pipefitters
Local 219 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. The Plumbers & Pipefitters
Local 219 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 the Plumbers & Pipefitters
Local 219 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 Plumbers & Pipefitters
Local 219 Trust Funds Participant Benefit Website, with the delay or inability to use
the Plumbers & Pipefitters
Local 219 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 Plumbers & Pipefitters
Local 219 Trust Funds Participant Benefit Website, or otherwise arising out of the use of the Plumbers & Pipefitters
Local 219 Trust Funds Participant Benefit Website, whether
based on contract, tort, negligence, strict liability or otherwise, even if Plumbers & Pipefitters
Local 219 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 Plumbers & Pipefitters
Local 219 Trust Funds Participant Benefit Website, or with any of these terms
of use, your sole and exclusive remedy is to discontinue using the Plumbers & Pipefitters
Local 219 Trust Funds Participant Benefit Website.
SERVICE CONTACT :
Web.Support@benesysinc.com
TERMINATION/ACCESS RESTRICTION
The Plumbers & Pipefitters Local 219
Trust Funds Participant Benefit Website reserves the right, in its sole
discretion, to terminate your access to the Plumbers & Pipefitters Local
219 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
Ohio, U.S.A. and you hereby consent to the exclusive jurisdiction and
venue of courts in the State of Ohio, U.S.A. in all
disputes arising out of or relating to the use of the Plumbers &
Pipefitters Local 219 Trust Funds Participant Benefit Website. Use of the Plumbers
& Pipefitters Local 219 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 the Plumbers & Pipefitters Local 219 Trust Funds
Participant Benefit Website as a result of this agreement or use of the Plumbers
& Pipefitters Local 219 Trust Funds Participant Benefit Website. The Plumbers
& Pipefitters Local 219 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 the Plumbers &
Pipefitters Local 219 Trust Funds Participant Benefit Website's right to comply
with governmental, court and law enforcement requests or requirements relating
to your use of the Plumbers & Pipefitters Local 219 Trust Funds Participant
Benefit Website or information provided to or gathered by the Plumbers &
Pipefitters Local 219 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 the Plumbers & Pipefitters Local 219 Trust Funds
Participant Benefit Website with respect to the Plumbers & Pipefitters
Local 219 Trust Funds Participant Benefit Website and it supersedes all prior
or contemporaneous communications and proposals, whether electronic, oral or
written, between the user and the Plumbers & Pipefitters Local 219 Trust Funds
Participant Benefit Website with respect to the Plumbers & Pipefitters
Local 219 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 Plumbers &
Pipefitters Local 219 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.