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