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