AGREEMENT BETWEEN USER AND ELECTRICAL WORKERS LOCAL NO. 86 Trust Funds
Participant Benefit Website
The ELECTRICAL WORKERS LOCAL NO. 86 Trust Funds Participant Benefit Website is comprised
of various Web pages operated by ELECTRICAL WORKERS LOCAL NO. 86 Trust Funds Participant
Benefit Website.
The ELECTRICAL WORKERS LOCAL NO. 86 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 ELECTRICAL
WORKERS LOCAL NO. 86 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 ELECTRICAL WORKERS LOCAL
NO. 86 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
ELECTRICAL WORKERS LOCAL NO. 86 Trust Funds Participant Benefit Website reserves
the right to change the terms, conditions, and notices under which the ELECTRICAL
WORKERS LOCAL NO. 86 Trust Funds Participant Benefit Website is offered, including
but not limited to the charges associated with the use of the ELECTRICAL WORKERS
LOCAL NO. 86 Trust Funds Participant Benefit Website.
LINKS TO THIRD PARTY SITES
ELECTRICAL WORKERS LOCAL NO. 86 Trust Funds Participant Benefit Website reserves
the right to change the terms, conditions, and notices under which the ELECTRICAL
WORKERS LOCAL NO. 86 Trust Funds Participant Benefit Website is offered, including
but not limited to the charges associated with the use of the ELECTRICAL WORKERS
LOCAL NO. 86 Trust Funds Participant Benefit Website.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the ELECTRICAL WORKERS LOCAL NO. 86 Trust Funds Participant
Benefit Website, you warrant to ELECTRICAL WORKERS LOCAL NO. 86 Trust Funds Participant
Benefit Website that you will not use the ELECTRICAL WORKERS LOCAL NO. 86 Trust
Funds Participant Benefit Website for any purpose that is unlawful or prohibited
by these terms, conditions, and notices. You may not use the ELECTRICAL WORKERS
LOCAL NO. 86 Trust Funds Participant Benefit Website in any manner which could damage,
disable, overburden, or impair the ELECTRICAL WORKERS LOCAL NO. 86 Trust Funds Participant
Benefit Website or interfere with any other party's use and enjoyment of the ELECTRICAL
WORKERS LOCAL NO. 86 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 ELECTRICAL WORKERS LOCAL NO. 86 Trust
Funds Participant Benefit Website.
USE OF COMMUNICATION SERVICES
The ELECTRICAL WORKERS LOCAL NO. 86 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.
ELECTRICAL WORKERS LOCAL NO. 86 Trust Funds Participant Benefit Website has no obligation
to monitor the Communication Services. However, ELECTRICAL WORKERS LOCAL NO. 86
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. ELECTRICAL
WORKERS LOCAL NO. 86 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.
ELECTRICAL WORKERS LOCAL NO. 86 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 ELECTRICAL WORKERS
LOCAL NO. 86 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. ELECTRICAL WORKERS LOCAL
NO. 86 Trust Funds Participant Benefit Website does not control or endorse the content,
messages or information found in any Communication Service and, therefore, ELECTRICAL
WORKERS LOCAL NO. 86 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 ELECTRICAL WORKERS LOCAL NO. 86 Trust Funds Participant Benefit Website
spokespersons, and their views do not necessarily reflect those of ELECTRICAL WORKERS
LOCAL NO. 86 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 ELECTRICAL WORKERS LOCAL NO. 86 Trust Funds Participant
Benefit Website OR POSTED AT ANY ELECTRICAL WORKERS LOCAL NO. 86 Trust Funds Participant
Benefit Website
ELECTRICAL WORKERS LOCAL NO. 86 Trust Funds Participant Benefit Website does not
claim ownership of the materials you provide to ELECTRICAL WORKERS LOCAL NO. 86
Trust Funds Participant Benefit (including feedback and suggestions) or post, upload,
input or submit to any ELECTRICAL WORKERS LOCAL NO. 86 Trust Funds Participant Benefit
Website or its associated services (collectively "Submissions"). However, by posting,
uploading, inputting, providing or submitting your Submission you are granting ELECTRICAL
WORKERS LOCAL NO. 86 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. ELECTRICAL WORKERS LOCAL NO. 86 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 ELECTRICAL WORKERS LOCAL NO. 86 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 ELECTRICAL WORKERS LOCAL NO. 86 Trust Funds Participant Benefit Website MAY
INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO
THE INFORMATION HEREIN. ELECTRICAL WORKERS LOCAL NO. 86 Trust Funds Participant
Benefit Website AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE
ELECTRICAL WORKERS LOCAL NO. 86 Trust Funds Participant Benefit Website AT ANY TIME.
ADVICE RECEIVED VIA THE ELECTRICAL WORKERS LOCAL NO. 86 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.
ELECTRICAL WORKERS LOCAL NO. 86 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 ELECTRICAL WORKERS LOCAL NO. 86 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. ELECTRICAL WORKERS LOCAL NO.
86 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 ELECTRICAL
WORKERS LOCAL NO. 86 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 ELECTRICAL WORKERS LOCAL NO. 86 Trust Funds Participant Benefit
Website, WITH THE DELAY OR INABILITY TO USE THE ELECTRICAL WORKERS LOCAL NO. 86
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 ELECTRICAL WORKERS LOCAL NO. 86 Trust
Funds Participant Benefit Website, OR OTHERWISE ARISING OUT OF THE USE OF THE ELECTRICAL
WORKERS LOCAL NO. 86 Trust Funds Participant Benefit Website, WHETHER BASED ON CONTRACT,
TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ELECTRICAL WORKERS LOCAL
NO. 86 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 ELECTRICAL WORKERS LOCAL NO. 86 Trust Funds Participant Benefit Website,
OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE
USING THE ELECTRICAL WORKERS LOCAL NO. 86 Trust Funds Participant Benefit Website.
SERVICE CONTACT : WebSupport@benesys.com
TERMINATION/ACCESS RESTRICTION
ELECTRICAL WORKERS LOCAL NO. 86 Trust Funds Participant Benefit Website reserves
the right, in its sole discretion, to terminate your access to the ELECTRICAL WORKERS
LOCAL NO. 86 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 ELECTRICAL WORKERS LOCAL NO. 86 Trust Funds Participant
Benefit Website. Use of the ELECTRICAL WORKERS LOCAL NO. 86 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 ELECTRICAL WORKERS LOCAL NO. 86 Trust Funds Participant Benefit
Website as a result of this agreement or use of the ELECTRICAL WORKERS LOCAL NO.
86 Trust Funds Participant Benefit Website. ELECTRICAL WORKERS LOCAL NO. 86 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 ELECTRICAL WORKERS LOCAL NO. 86 Trust Funds Participant Benefit Website's right
to comply with governmental, court and law enforcement requests or requirements
relating to your use of the ELECTRICAL WORKERS LOCAL NO. 86 Trust Funds Participant
Benefit Website or information provided to or gathered by ELECTRICAL WORKERS LOCAL
NO. 86 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 ELECTRICAL WORKERS LOCAL NO. 86 Trust Funds Participant
Benefit Website with respect to the ELECTRICAL WORKERS LOCAL NO. 86 Trust Funds
Participant Benefit Website and it supersedes all prior or contemporaneous communications
and proposals, whether electronic, oral or written, between the user and ELECTRICAL
WORKERS LOCAL NO. 86 Trust Funds Participant Benefit Website with respect to the
ELECTRICAL WORKERS LOCAL NO. 86 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 ELECTRICAL WORKERS LOCAL NO. 86 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.