AGREEMENT BETWEEN USER AND N. W. OHIO PLUMBERS & PIPEFITTERS LOCAL 50 Trust
Funds Participant Benefit Website
The N. W. OHIO PLUMBERS
& PIPEFITTERS LOCAL 50 Trust Funds Participant Benefit Website is comprised
of various Web pages operated by N. W. OHIO PLUMBERS & PIPEFITTERS LOCAL 50
Trust Funds Participant Benefit Website.
The N. W. OHIO PLUMBERS & PIPEFITTERS LOCAL 50 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 N. W. OHIO PLUMBERS & PIPEFITTERS LOCAL 50 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 N. W. OHIO PLUMBERS & PIPEFITTERS LOCAL 50 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
N. W. OHIO PLUMBERS &
PIPEFITTERS LOCAL 50 Trust Funds Participant Benefit Website reserves the right
to change the terms, conditions, and notices under which the N. W. OHIO PLUMBERS
& PIPEFITTERS LOCAL 50 Trust Funds Participant Benefit Website is offered, including
but not limited to the charges associated with the use of the N. W. OHIO PLUMBERS
& PIPEFITTERS LOCAL 50 Trust Funds Participant Benefit Website.
LINKS TO THIRD
PARTY SITES
N. W. OHIO PLUMBERS &
PIPEFITTERS LOCAL 50 Trust Funds Participant Benefit Website reserves the right
to change the terms, conditions, and notices under which the N. W. OHIO PLUMBERS
& PIPEFITTERS LOCAL 50 Trust Funds Participant Benefit Website is offered, including
but not limited to the charges associated with the use of the N. W. OHIO PLUMBERS
& PIPEFITTERS LOCAL 50 Trust Funds Participant Benefit Website.
NO UNLAWFUL OR
PROHIBITED USE
As a condition of your
use of the N. W. OHIO PLUMBERS & PIPEFITTERS LOCAL 50 Trust Funds Participant
Benefit Website, you warrant to N. W. OHIO PLUMBERS & PIPEFITTERS LOCAL 50 Trust
Funds Participant Benefit Website that you will not use the N. W. OHIO PLUMBERS
& PIPEFITTERS LOCAL 50 Trust Funds Participant Benefit Website for any purpose
that is unlawful or prohibited by these terms, conditions, and notices. You may
not use the N. W. OHIO PLUMBERS & PIPEFITTERS LOCAL 50 Trust Funds Participant
Benefit Website in any manner which could damage, disable, overburden, or impair
the N. W. OHIO PLUMBERS & PIPEFITTERS LOCAL 50 Trust Funds Participant Benefit
Website or interfere with any other party's use and enjoyment of the N. W. OHIO
PLUMBERS & PIPEFITTERS LOCAL 50 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 N. W. OHIO PLUMBERS
& PIPEFITTERS LOCAL 50 Trust Funds Participant Benefit Website.
USE OF COMMUNICATION
SERVICES
The N. W. OHIO PLUMBERS
& PIPEFITTERS LOCAL 50 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.
N. W. OHIO PLUMBERS &
PIPEFITTERS LOCAL 50 Trust Funds Participant Benefit Website has no obligation to
monitor the Communication Services. However, N. W. OHIO PLUMBERS & PIPEFITTERS
LOCAL 50 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.
N. W. OHIO PLUMBERS & PIPEFITTERS LOCAL 50 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.
N. W. OHIO PLUMBERS & PIPEFITTERS LOCAL 50 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
N. W. OHIO PLUMBERS & PIPEFITTERS LOCAL 50 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. N. W. OHIO PLUMBERS &
PIPEFITTERS LOCAL 50 Trust Funds Participant Benefit Website does not control or
endorse the content, messages or information found in any Communication Service
and, therefore, N. W. OHIO PLUMBERS & PIPEFITTERS LOCAL 50 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 N. W. OHIO PLUMBERS & PIPEFITTERS
LOCAL 50 Trust Funds Participant Benefit Website spokespersons, and their views
do not necessarily reflect those of N. W. OHIO PLUMBERS & PIPEFITTERS LOCAL
50 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 N. W. OHIO PLUMBERS & PIPEFITTERS LOCAL 50 Trust Funds Participant Benefit
Website OR POSTED AT ANY N. W. OHIO PLUMBERS & PIPEFITTERS LOCAL 50 Trust Funds
Participant Benefit Website
N. W. OHIO PLUMBERS &
PIPEFITTERS LOCAL 50 Trust Funds Participant Benefit Website does not claim ownership
of the materials you provide to N. W. OHIO PLUMBERS & PIPEFITTERS LOCAL 50 Trust
Funds Participant Benefit (including feedback and suggestions) or post, upload,
input or submit to any N. W. OHIO PLUMBERS & PIPEFITTERS LOCAL 50 Trust Funds
Participant Benefit Website or its associated services (collectively "Submissions").
However, by posting, uploading, inputting, providing or submitting your Submission
you are granting N. W. OHIO PLUMBERS & PIPEFITTERS LOCAL 50 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. N. W. OHIO PLUMBERS & PIPEFITTERS LOCAL 50 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 N. W. OHIO PLUMBERS & PIPEFITTERS LOCAL
50 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 N. W. OHIO PLUMBERS
& PIPEFITTERS LOCAL 50 Trust Funds Participant Benefit Website MAY INCLUDE INACCURACIES
OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN.
N. W. OHIO PLUMBERS & PIPEFITTERS LOCAL 50 Trust Funds Participant Benefit Website
AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE N. W. OHIO PLUMBERS
& PIPEFITTERS LOCAL 50 Trust Funds Participant Benefit Website AT ANY TIME.
ADVICE RECEIVED VIA THE N. W. OHIO PLUMBERS & PIPEFITTERS LOCAL 50 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.
N. W. OHIO PLUMBERS & PIPEFITTERS LOCAL 50 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 N. W. OHIO PLUMBERS & PIPEFITTERS LOCAL
50 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.
N. W. OHIO PLUMBERS & PIPEFITTERS LOCAL 50 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 N. W. OHIO
PLUMBERS & PIPEFITTERS LOCAL 50 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 N. W. OHIO PLUMBERS & PIPEFITTERS LOCAL 50 Trust Funds
Participant Benefit Website, WITH THE DELAY OR INABILITY TO USE THE N. W. OHIO PLUMBERS
& PIPEFITTERS LOCAL 50 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 N. W. OHIO PLUMBERS
& PIPEFITTERS LOCAL 50 Trust Funds Participant Benefit Website, OR OTHERWISE
ARISING OUT OF THE USE OF THE N. W. OHIO PLUMBERS & PIPEFITTERS LOCAL 50 Trust
Funds Participant Benefit Website, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE,
STRICT LIABILITY OR OTHERWISE, EVEN IF N. W. OHIO PLUMBERS & PIPEFITTERS LOCAL
50 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 N. W. OHIO PLUMBERS & PIPEFITTERS LOCAL 50 Trust Funds Participant Benefit
Website, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO
DISCONTINUE USING THE N. W. OHIO PLUMBERS & PIPEFITTERS LOCAL 50 Trust Funds
Participant Benefit Website.
SERVICE CONTACT
: WebSupport@benesys.com
TERMINATION/ACCESS RESTRICTION
N. W. OHIO PLUMBERS &
PIPEFITTERS LOCAL 50 Trust Funds Participant Benefit Website reserves the right,
in its sole discretion, to terminate your access to the N. W. OHIO PLUMBERS &
PIPEFITTERS LOCAL 50 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 N. W. OHIO PLUMBERS & PIPEFITTERS LOCAL
50 Trust Funds Participant Benefit Website. Use of the N. W. OHIO PLUMBERS &
PIPEFITTERS LOCAL 50 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
N. W. OHIO PLUMBERS & PIPEFITTERS LOCAL 50 Trust Funds Participant Benefit Website
as a result of this agreement or use of the N. W. OHIO PLUMBERS & PIPEFITTERS
LOCAL 50 Trust Funds Participant Benefit Website. N. W. OHIO PLUMBERS & PIPEFITTERS
LOCAL 50 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 N. W. OHIO PLUMBERS & PIPEFITTERS LOCAL 50 Trust Funds Participant
Benefit Website's right to comply with governmental, court and law enforcement requests
or requirements relating to your use of the N. W. OHIO PLUMBERS & PIPEFITTERS
LOCAL 50 Trust Funds Participant Benefit Website or information provided to or gathered
by N. W. OHIO PLUMBERS & PIPEFITTERS LOCAL 50 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 N.
W. OHIO PLUMBERS & PIPEFITTERS LOCAL 50 Trust Funds Participant Benefit Website
with respect to the N. W. OHIO PLUMBERS & PIPEFITTERS LOCAL 50 Trust Funds Participant
Benefit Website and it supersedes all prior or contemporaneous communications and
proposals, whether electronic, oral or written, between the user and N. W. OHIO
PLUMBERS & PIPEFITTERS LOCAL 50 Trust Funds Participant Benefit Website with
respect to the N. W. OHIO PLUMBERS & PIPEFITTERS LOCAL 50 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 N.
W. OHIO PLUMBERS & PIPEFITTERS LOCAL 50 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.