AGREEMENT BETWEEN USER AND THE TEAMSTERS LOCAL
639 - EMPLOYERS HEALTH AND PENSION TRUST FUNDS PARTICIPANT WEBSITE
The Teamsters Local 639 - Employers Health and Pension Trust Funds Participant
Website is comprised of various web pages operated by Teamsters Local 639.
The Teamsters Local 639 - Employers Health and Pension Trust Funds 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 Teamsters Local 639 - Employers Health and Pension
Trust Funds 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 Teamsters Local 639 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 Teamsters Local 639 - Employers Health and Pension Trust Funds Participant
Website reserves the right to change the terms, conditions, and notices under
which the Teamsters Local 639 - Employers Health and Pension Trust Funds
Participant Website is offered, including but not limited to the charges
associated with the use of the Teamsters Local 639 - Employers Health and
Pension Trust Funds Participant Website.
LINKS TO THIRD PARTY SITES
The Teamsters Local 639 - Employers Health and Pension Trust Funds Participant
Website reserves the right to change the terms, conditions, and notices under
which the Teamsters Local 639 - Employers Health and Pension Trust Funds
Participant Website is offered, including but not limited to the charges
associated with the use of the Teamsters Local 639 - Employers Health and
Pension Trust Funds Participant Website.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Teamsters Local 639 - Employers Health and
Pension Trust Funds Participant Website, you warrant to the Teamsters Local 639
- Employers Health and Pension Trust Funds Participant Website that you will
not use the Teamsters Local 639 - Employers Health and Pension Trust Funds
Participant Website for any purpose that is unlawful or prohibited by these
terms, conditions, and notices. You may not use the Teamsters Local 639 -
Employers Health and Pension Trust Funds Participant Website in any manner
which could damage, disable, overburden, or impair the Teamsters Local 639 -
Employers Health and Pension Trust Funds Participant Website or interfere with
any other party's use and enjoyment of the Teamsters Local 639 - Employers
Health and Pension Trust Funds 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 Teamsters Local 639 -
Employers Health and Pension Trust Funds Participant Website.
USE OF COMMUNICATION SERVICES
The Teamsters Local 639 - Employers Health and Pension Trust Funds 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.
The Teamsters Local 639 - Employers Health and
Pension Trust Funds Participant Website has no obligation to monitor the
Communication Services. However, the Teamsters Local 639 - Employers Health and
Pension Trust Funds Participant Website reserves the right to review materials
posted to a Communication Service and to remove any materials in its sole
discretion. The Teamsters Local 639 - Employers Health and Pension Trust Funds
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.
The Teamsters Local 639 - Employers Health and Pension Trust Funds 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, as it is deemed necessary, at the Teamsters
Local 639 - Employers Health and Pension Trust Funds Participant Website's sole
discretion.
Always use caution when giving out any personally identifying information about
yourself or your children in any Communication Service. The Teamsters Local 639
- Employers Health and Pension Trust Funds Participant Website does not control
nor endorse the content, messages or information found in any Communication
Service and, therefore, the Teamsters Local 639 - Employers Health and Pension
Trust Funds Participant Website specifically disclaims any liability regarding
the Communication Services and any actions resulting from your participation in
any Communication Service. Managers and hosts are not authorized Teamsters
Local 639 - Employers Health and Pension Trust Funds Participant Website
spokespersons, and their views do not necessarily reflect those of the Teamsters
Local 639 - Employers Health and Pension Trust Funds 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 THE TEAMSTERS LOCAL 639 - EMPLOYERS HEALTH AND PENSION
TRUST FUNDS PARTICIPANT WEBSITE OR POSTED AT ANY TEAMSTERS LOCAL 639 -
EMPLOYERS HEALTH AND PENSION TRUST FUNDS PARTICIPANT WEBSITE
The Teamsters Local 639 - Employers Health and Pension Trust Funds Participant
Website does not claim ownership of the materials you provide to the Teamsters
Local 639 - Employers Health and Pension Trust Funds Participant Website
(including feedback and suggestions) or post, upload, input or submit to any Teamsters
Local 639 - Employers Health and Pension Trust Funds Participant Website or its
associated services (collectively "Submissions"). However, by
posting, uploading, inputting, providing or submitting your Submission you are
granting the Teamsters Local 639 - Employers Health and Pension Trust Funds
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. The Teamsters Local 639 - Employers Health and Pension Trust
Funds Participant Website is under no obligation to post or use any Submission
you may provide and may remove any Submission at any time in the Teamsters
Local 639 - Employers Health and Pension Trust Funds 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 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 Teamsters Local 639 - Employers Health and Pension Trust Funds
Participant Website may include inaccuracies or typographical errors. Changes
are periodically added to the information herein. The Teamsters Local 639 -
Employers Health and Pension Trust Funds Participant Website and/or its
suppliers may make improvements and/or changes in the Teamsters Local 639 -
Employers Health and Pension Trust Funds Participant Website at any time.
Advice received via the Teamsters Local 639 - Employers Health and Pension
Trust Funds 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.
The Teamsters Local 639 - Employers Health and Pension Trust Funds 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 Teamsters
Local 639 - Employers Health and Pension Trust Funds 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. The Teamsters
Local 639 - Employers Health and Pension Trust Funds Participant Website and/or
its suppliers hereby disclaim all warranties and conditions regarding 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 Teamsters
Local 639 - Employers Health and Pension Trust Funds 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 Teamsters Local 639 -
Employers Health and Pension Trust Funds Participant Website, with the delay or
inability to use the Teamsters Local 639 - Employers Health and Pension Trust Funds
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 Teamsters Local 639 - Employers Health and
Pension Trust Funds Participant Website, or otherwise arising out of the use of
the Teamsters Local 639 - Employers Health and Pension Trust Funds Participant
Website, whether based on contract, tort, negligence, strict liability or
otherwise, even if the Teamsters Local 639 - Employers Health and Pension Trust
Funds 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 Teamsters Local 639 - Employers Health and Pension Trust Funds
Participant Website, or with any of these terms of use, your sole and exclusive
remedy is to discontinue using the Teamsters Local 639 - Employers Health and
Pension Trust Funds Participant Website.
SERVICE CONTACT: web.support@benesysinc.com
TERMINATION/ACCESS RESTRICTION
The Teamsters Local 639 - Employers Health and Pension Trust Funds Participant
Website reserves the right, in its sole discretion, to terminate your access to
the Teamsters Local 639 - Employers Health and Pension Trust Funds 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 U.S.A. and you hereby consent to the exclusive
jurisdiction and venue of courts in the U.S.A. in all disputes arising out of
or relating to the use of the Teamsters Local 639 - Employers Health and
Pension Trust Funds Participant Website. Use of the Teamsters Local 639 -
Employers Health and Pension Trust Funds 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 the Teamsters Local 639 - Employers Health and Pension Trust Funds
Participant Website as a result of this agreement or use of the Teamsters Local
639 - Employers Health and Pension Trust Funds Participant Website. The Teamsters
Local 639 - Employers Health and Pension Trust Funds 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 the Teamsters Local
639 - Employers Health and Pension Trust Funds Participant Website’s right to
comply with governmental, court and law enforcement requests or requirements
relating to your use of the Teamsters Local 639 - Employers Health and Pension
Trust Funds Participant Website or information provided to or gathered by the Teamsters
Local 639 - Employers Health and Pension Trust Funds 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 the Teamsters Local 639 - Employers Health and Pension
Trust Funds Participant Website with respect to the Teamsters Local 639 -
Employers Health and Pension Trust Funds Participant Website and it supersedes
all prior or contemporaneous communications and proposals, whether electronic,
oral or written, between the user and the Teamsters Local 639 - Employers
Health and Pension Trust Funds Participant Website with respect to the Teamsters
Local 639 - Employers Health and Pension Trust Funds 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 Teamsters Local 639 - Employers Health and Pension Trust
Funds Participant 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.