AGREEMENT BETWEEN USER AND TILE INDUSTRY LOCAL #18 Trust Funds Participant
Benefit Website
The TILE INDUSTRY LOCAL #18 Trust Funds Participant Benefit Website is comprised
of various Web pages operated by TILE INDUSTRY LOCAL #18 Trust Funds Participant
Benefit Website.
The TILE INDUSTRY LOCAL #18 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 TILE
INDUSTRY LOCAL #18 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 TILE INDUSTRY LOCAL #18
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
TILE INDUSTRY LOCAL #18 Trust Funds Participant Benefit Website reserves the right
to change the terms, conditions, and notices under which the TILE INDUSTRY LOCAL
#18 Trust Funds Participant Benefit Website is offered, including but not limited
to the charges associated with the use of the TILE INDUSTRY LOCAL #18 Trust Funds
Participant Benefit Website.
LINKS TO THIRD PARTY SITES
TILE INDUSTRY LOCAL #18 Trust Funds Participant Benefit Website reserves the right
to change the terms, conditions, and notices under which the TILE INDUSTRY LOCAL
#18 Trust Funds Participant Benefit Website is offered, including but not limited
to the charges associated with the use of the TILE INDUSTRY LOCAL #18 Trust Funds
Participant Benefit Website.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the TILE INDUSTRY LOCAL #18 Trust Funds Participant
Benefit Website, you warrant to TILE INDUSTRY LOCAL #18 Trust Funds Participant
Benefit Website that you will not use the TILE INDUSTRY LOCAL #18 Trust Funds Participant
Benefit Website for any purpose that is unlawful or prohibited by these terms, conditions,
and notices. You may not use the TILE INDUSTRY LOCAL #18 Trust Funds Participant
Benefit Website in any manner which could damage, disable, overburden, or impair
the TILE INDUSTRY LOCAL #18 Trust Funds Participant Benefit Website or interfere
with any other party's use and enjoyment of the TILE INDUSTRY LOCAL #18 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 TILE INDUSTRY LOCAL #18 Trust Funds Participant Benefit Website.
USE OF COMMUNICATION SERVICES
The TILE INDUSTRY LOCAL #18 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.
TILE INDUSTRY LOCAL #18 Trust Funds Participant Benefit Website has no obligation
to monitor the Communication Services. However, TILE INDUSTRY LOCAL #18 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. TILE INDUSTRY LOCAL
#18 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.
TILE INDUSTRY LOCAL #18 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 TILE INDUSTRY
LOCAL #18 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. TILE INDUSTRY LOCAL #18
Trust Funds Participant Benefit Website does not control or endorse the content,
messages or information found in any Communication Service and, therefore, TILE
INDUSTRY LOCAL #18 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 TILE INDUSTRY LOCAL #18 Trust Funds Participant Benefit Website spokespersons,
and their views do not necessarily reflect those of TILE INDUSTRY LOCAL #18 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 TILE INDUSTRY LOCAL #18 Trust Funds Participant
Benefit Website OR POSTED AT ANY TILE INDUSTRY LOCAL #18 Trust Funds Participant
Benefit Website
TILE INDUSTRY LOCAL #18 Trust Funds Participant Benefit Website does not claim ownership
of the materials you provide to TILE INDUSTRY LOCAL #18 Trust Funds Participant
Benefit (including feedback and suggestions) or post, upload, input or submit to
any TILE INDUSTRY LOCAL #18 Trust Funds Participant Benefit Website or its associated
services (collectively "Submissions"). However, by posting, uploading, inputting,
providing or submitting your Submission you are granting TILE INDUSTRY LOCAL #18
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. TILE INDUSTRY LOCAL #18 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 TILE INDUSTRY LOCAL #18 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 TILE INDUSTRY LOCAL #18 Trust Funds Participant Benefit Website MAY INCLUDE
INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION
HEREIN. TILE INDUSTRY LOCAL #18 Trust Funds Participant Benefit Website AND/OR ITS
SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE TILE INDUSTRY LOCAL #18 Trust
Funds Participant Benefit Website AT ANY TIME. ADVICE RECEIVED VIA THE TILE INDUSTRY
LOCAL #18 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.
TILE INDUSTRY LOCAL #18 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 TILE INDUSTRY LOCAL #18 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. TILE INDUSTRY LOCAL #18 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 TILE INDUSTRY
LOCAL #18 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 TILE INDUSTRY LOCAL #18 Trust Funds Participant Benefit Website, WITH THE DELAY
OR INABILITY TO USE THE TILE INDUSTRY LOCAL #18 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 TILE INDUSTRY LOCAL #18 Trust Funds Participant Benefit Website, OR
OTHERWISE ARISING OUT OF THE USE OF THE TILE INDUSTRY LOCAL #18 Trust Funds Participant
Benefit Website, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR
OTHERWISE, EVEN IF TILE INDUSTRY LOCAL #18 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 TILE INDUSTRY LOCAL #18 Trust Funds
Participant Benefit Website, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE
REMEDY IS TO DISCONTINUE USING THE TILE INDUSTRY LOCAL #18 Trust Funds Participant
Benefit Website.
SERVICE CONTACT : WebSupport@benesys.com
TERMINATION/ACCESS RESTRICTION
TILE INDUSTRY LOCAL #18 Trust Funds Participant Benefit Website reserves the right,
in its sole discretion, to terminate your access to the TILE INDUSTRY LOCAL #18
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 TILE INDUSTRY LOCAL #18 Trust Funds Participant Benefit Website.
Use of the TILE INDUSTRY LOCAL #18 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
TILE INDUSTRY LOCAL #18 Trust Funds Participant Benefit Website as a result of this
agreement or use of the TILE INDUSTRY LOCAL #18 Trust Funds Participant Benefit
Website. TILE INDUSTRY LOCAL #18 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 TILE INDUSTRY LOCAL #18 Trust Funds Participant
Benefit Website's right to comply with governmental, court and law enforcement requests
or requirements relating to your use of the TILE INDUSTRY LOCAL #18 Trust Funds
Participant Benefit Website or information provided to or gathered by TILE INDUSTRY
LOCAL #18 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 TILE INDUSTRY LOCAL #18 Trust Funds Participant Benefit
Website with respect to the TILE INDUSTRY LOCAL #18 Trust Funds Participant Benefit
Website and it supersedes all prior or contemporaneous communications and proposals,
whether electronic, oral or written, between the user and TILE INDUSTRY LOCAL #18
Trust Funds Participant Benefit Website with respect to the TILE INDUSTRY LOCAL
#18 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 TILE INDUSTRY LOCAL #18 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.