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