Terms Of Use
Agreement between User and Bricklayers and Allied
Craftworkers Local 9 of Western PA Participant Website
The Bricklayers and Allied Craftworkers Local 9 of Western PA Participant
Website is comprised of various Web pages operated by Bricklayers and Allied
Craftworkers Local 9 of Western PA.
The Bricklayers and Allied Craftworkers Local 9 of Western PA 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 Bricklayers and Allied Craftworkers Local 9 of
Western PA 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 Bricklayers and Allied
Craftworkers Local 9 of Western PA 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
Bricklayers and Allied Craftworkers Local 9 of Western PA Participant Website
reserves the right to change the terms, conditions, and notices under which the
Bricklayers and Allied Craftworkers Local 9 of Western PA Participant Website
is offered, including but not limited to the charges associated with the use of
the Bricklayers and Allied Craftworkers Local 9 of Western PA Participant
Website.
LINKS TO THIRD PARTY SITES
From time to time, the Website may contain links to third-party websites. We
are not responsible for those websites or the parties that control them. All
such links to third-party sites are provided solely as a convenience to you. If
you use these links, you will leave our Website and no longer be governed by
these Terms of Use or our Privacy Policy. We are not liable for the content,
quality, suitability, functionality or legality of any such sites. You hereby
waive any claim you might have against us with respect to such sites and their
operators. Services or merchandise ordered through these links are not
affiliated with us. All matters concerning such merchandise and services are
solely between you and the merchants with whom you do business.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Bricklayers and Allied Craftworkers Local 9
of Western PA Participant Website, you warrant to Bricklayers and Allied
Craftworkers Local 9 of Western PA Participant Website that you will not use
the Bricklayers and Allied Craftworkers Local 9 of Western PA Participant
Website for any purpose that is unlawful or prohibited by these terms,
conditions, and notices. You may not use the Bricklayers and Allied
Craftworkers Local 9 of Western PA Participant Website in any manner which
could damage, disable, overburden, or impair the Bricklayers and Allied
Craftworkers Local 9 of Western PA Participant Website or interfere with any
other party's use and enjoyment of The Bricklayers and Allied Craftworkers
Local 9 of Western PA 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 Bricklayers and Allied Craftworkers Local
9 of Western PA Participant Website.
USE OF COMMUNICATION SERVICES
The Bricklayers and Allied Craftworkers Local 9 of Western PA 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.
Bricklayers and Allied Craftworkers Local 9 of Western PA
Participant Website has no obligation to monitor the Communication Services.
However, Bricklayers and Allied Craftworkers Local 9 of Western PA Participant
Website reserves the right to review materials posted to a Communication
Service and to remove any materials in its sole discretion. Bricklayers and
Allied Craftworkers Local 9 of Western PA 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.
Bricklayers and Allied Craftworkers Local 9 of Western PA 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, in Bricklayers and Allied Craftworkers Local 9 of Western PA
Participant Website's sole discretion.
Always use caution when giving out any personally identifying information about
yourself or your children in any Communication Service. Bricklayers and Allied
Craftworkers Local 9 of Western PA Participant Website does not control or
endorse the content, messages or information found in any Communication Service
and, therefore, Bricklayers and Allied Craftworkers Local 9 of Western PA
Participant 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 Bricklayers and
Allied Craftworkers Local 9 of Western PA Participant Website spokespersons,
and their views do not necessarily reflect those of Bricklayers and Allied
Craftworkers Local 9 of Western PA 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 Bricklayers and Allied Craftworkers Local 9 of Western
PA Participant Website or posted at any Bricklayers and Allied Craftworkers
Local 9 of Western PA Participant Website
Bricklayers and Allied Craftworkers Local 9 of Western PA Participant Website
does not claim ownership of the materials you provide to Bricklayers and Allied
Craftworkers Local 9 of Western PA Participant Website (including feedback and
suggestions) or post, upload, input or submit to any Bricklayers and Allied
Craftworkers Local 9 of Western PA Participant Website or its associated
services (collectively "Submissions"). However, by posting,
uploading, inputting, providing or submitting your Submission you are granting Bricklayers
and Allied Craftworkers Local 9 of Western PA 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. Bricklayers and Allied Craftworkers Local 9 of Western PA
Participant Website is under no obligation to post or use any Submission you
may provide and may remove any Submission at any time in Bricklayers and Allied
Craftworkers Local 9 of Western PA 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 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 Bricklayers and Allied Craftworkers Local 9 of Western PA
Participant Website may include inaccuracies or typographical errors. Changes
are periodically added to the information herein. Bricklayers and Allied
Craftworkers Local 9 of Western PA Participant Website and/or its suppliers may
make improvements and/or changes in the Bricklayers and Allied Craftworkers
Local 9 of Western PA Participant Website at any time. Advice received via the Bricklayers
and Allied Craftworkers Local 9 of Western PA 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.
Bricklayers and Allied Craftworkers Local 9 of Western PA 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 Bricklayers
and Allied Craftworkers Local 9 of Western PA 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. Bricklayers and
Allied Craftworkers Local 9 of Western PA Participant 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 Bricklayers
and Allied Craftworkers Local 9 of Western PA 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 Bricklayers and Allied
Craftworkers Local 9 of Western PA Participant Website, with the delay or
inability to use the Bricklayers and Allied Craftworkers Local 9 of Western PA
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 Bricklayers and Allied Craftworkers Local 9 of
Western PA Participant Website, or otherwise arising out of the use of the Bricklayers
and Allied Craftworkers Local 9 of Western PA Participant Website, whether
based on contract, tort, negligence, strict liability or otherwise, even if Bricklayers
and Allied Craftworkers Local 9 of Western PA 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 Bricklayers and Allied
Craftworkers Local 9 of Western PA Participant Website, or with any of these
terms of use, your sole and exclusive remedy is to discontinue using the Bricklayers
and Allied Craftworkers Local 9 of Western PA Participant Website.
SERVICE CONTACT : WebSupport@benesys.com
TERMINATION/ACCESS RESTRICTION
Bricklayers and Allied Craftworkers Local 9 of Western PA Participant Website
reserves the right, in its sole discretion, to terminate your access to The Bricklayers
and Allied Craftworkers Local 9 of Western PA Participant Website and the
related services or any portion thereof at any time, without notice. To the
maximum extent permitted by law, this agreement is governed by the laws of the
State of Michigan, U.S.A. and you hereby consent to the exclusive jurisdiction
and venue of courts in Oakland County, Michigan, U.S.A. in all disputes arising
out of or relating to the use of The Bricklayers and Allied Craftworkers Local
9 of Western PA Participant Website. Use of The Bricklayers and Allied
Craftworkers Local 9 of Western PA 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 Bricklayers and Allied Craftworkers Local 9 of Western PA Participant
Website as a result of this agreement or use of The Bricklayers and Allied
Craftworkers Local 9 of Western PA Participant Website. Bricklayers and Allied
Craftworkers Local 9 of Western PA 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 Bricklayers and Allied Craftworkers Local
9 of Western PA Participant Website’s right to comply with governmental, court
and law enforcement requests or requirements relating to your use of The Bricklayers
and Allied Craftworkers Local 9 of Western PA Participant Website or
information provided to or gathered by Bricklayers and Allied Craftworkers
Local 9 of Western PA 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 Bricklayers and
Allied Craftworkers Local 9 of Western PA Participant Website with respect to
The Bricklayers and Allied Craftworkers Local 9 of Western PA Participant
Website and it supersedes all prior or contemporaneous communications and
proposals, whether electronic, oral or written, between the user and Bricklayers
and Allied Craftworkers Local 9 of Western PA Participant Website with respect
to The Bricklayers and Allied Craftworkers Local 9 of Western PA 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:
This Website is protected to the maximum extent permitted by copyright and
trademark laws and international treaties. The Content of this
Website, and related pages, is copyrighted property of BeneSys Inc., or other
suppliers credited as the provider. You may not decompile or
disassemble, reverse engineer or otherwise attempt to discover any source code
contained in the Website. Without limiting the foregoing, you agree
not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial
purposes, any aspect of the Website.
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.
This Website and all the materials available on the Website
are the property of us and/or our affiliates or licensors, and are protected by
copyright, trademark, and other intellectual property laws. The Website is
provided solely for your personal noncommercial use. You may not use the
Website or the materials available on the Website in a manner that constitutes
an infringement of our rights or that has not been authorized by us. More
specifically, unless explicitly authorized in these Terms of Use or by the
owner of the materials, you may not modify, copy, reproduce, republish, upload,
post, transmit, translate, sell, create derivative works, exploit, or
distribute in any manner or medium (including by email or other electronic
means) any material from the Website. You may, however, from time to time,
download and/or print one copy of individual pages of the Website for your
personal, non-commercial use, provided that you keep intact all copyright and
other proprietary notices.
Any rights not expressly granted herein are reserved.
Notices and Procedure for making claims of Copyright Infringement
If you believe that your work has been copied in a way that
constitutes copyright infringement, or your intellectual property rights have
been otherwise violated, please notify our agent for notice of claims of
copyright or other intellectual property infringement at:
Designated Agent: Jennifer A. Dukarski
Address of Agent: 301 E. Liberty, Suite 500, Ann Arbor, MI
48104
Telephone: (734) 995-3110
Fax: (734) 995-1777
Email: DMCA@butzel.com
Please provide the following information:
1. Identify the material on the site that you claim is
infringing in sufficient detail so that we can find it;
2. Include the specific statement that you have a good
faith belief that the disputed use you have identified is not authorized by the
copyright owner, its agent, or the law;
3. Include the specific statement in which you declare,
under penalty of perjury, that (a) the information you have provided is
accurate, and (b) that you are the owner of the copyright interest involved or
that you are authorized to act on behalf of that owner;
4. Your address, telephone number, and email address;
and
5. Your physical or electronic signature.
We will remove the infringing content according to the
procedures outlined in the Digital Millennium Copyright Act of 1998.
Please note that, pursuant to 17 U.S.C. 512(f), any
misrepresentation of fact or falsities in a written notification will
automatically subject the complaining party to liability for damages, costs and
attorneys’ fees incurred by us in connection with the written notification and
your allegation of copyright infringement.