AGREEMENT BETWEEN USER AND Roofers Local 149 Detroit Trust Funds Participant Benefit Website
The Roofers Local 149
Detroit Trust Funds Participant Benefit
Website is comprised of various Web pages operated by Roofers Local 149 Detroit
Trust Funds Participant Benefit Website.
The Roofers Local 149 Detroit 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 Roofers Local 149
Detroit 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 Roofers Local 149 Detroit 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
Roofers Local 149
Detroit Trust Funds Participant Benefit
Website reserves the right to change the terms, conditions, and notices under
which the Roofers Local 149 Detroit Trust Funds Participant Benefit Website is
offered, including but not limited to the charges associated with the use of
the Roofers Local 149 Detroit Trust
Funds Participant Benefit Website.
LINKS TO THIRD PARTY
SITES
Roofers Local 149
Detroit Trust Funds Participant Benefit
Website reserves the right to change the terms, conditions, and notices under
which the Roofers Local 149 Detroit Trust Funds Participant Benefit Website is
offered, including but not limited to the charges associated with the use of
the Roofers Local 149 Detroit Trust
Funds Participant Benefit Website.
NO UNLAWFUL OR
PROHIBITED USE
As a condition of your
use of the Roofers Local 149 Detroit Trust Funds Participant Benefit Website, you
warrant to Roofers Local 149 Detroit Trust Funds Participant Benefit Website that
you will not use the Roofers Local 149 Detroit Trust Funds Participant Benefit Website for
any purpose that is unlawful or prohibited by these terms, conditions, and notices.
You may not use the Roofers Local 149 Detroit Trust Funds Participant Benefit Website in any
manner which could damage, disable, overburden, or impair the Roofers Local 149
Detroit Trust Funds Participant Benefit
Website or interfere with any other party's use and enjoyment of the Roofers
Local 149 Detroit 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 Roofers Local 149 Detroit Trust Funds Participant Benefit Website.
USE OF COMMUNICATION
SERVICES
The Roofers Local 149
Detroit 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.
Roofers Local 149 Detroit
Trust Funds Participant Benefit Website
has no obligation to monitor the Communication Services. However, Roofers Local
149 Detroit 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. Roofers
Local 149 Detroit 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.
Roofers Local 149 Detroit 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 Roofers Local 149 Detroit 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. Roofers Local 149
Detroit Trust Funds Participant Benefit
Website does not control or endorse the content, messages or information found
in any Communication Service and, therefore, Roofers Local 149 Detroit 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 Roofers Local 149 Detroit Trust Funds Participant Benefit Website
spokespersons, and their views do not necessarily reflect those of Roofers
Local 149 Detroit 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 Roofers
Local 149 Detroit Trust Funds
Participant Benefit Website OR POSTED AT ANY Roofers Local 149 Detroit Trust Funds Participant Benefit Website
Roofers Local 149
Detroit Trust Funds Participant Benefit
Website does not claim ownership of the materials you provide to Roofers Local
149 Detroit Trust Funds Participant
Benefit (including feedback and suggestions) or post, upload, input or submit
to any Roofers Local 149 Detroit Trust
Funds Participant Benefit Website or its associated services (collectively
"Submissions"). However, by posting, uploading, inputting, providing
or submitting your Submission you are granting Roofers Local 149 Detroit 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. Roofers Local 149 Detroit 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 Roofers
Local 149 Detroit 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 Roofers
Local 149 Detroit Trust Funds Participant
Benefit Website MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE
PERIODICALLY ADDED TO THE INFORMATION HEREIN. Roofers Local 149 Detroit Trust Funds Participant Benefit Website AND/OR
ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE Roofers Local 149
Detroit Trust Funds Participant Benefit
Website AT ANY TIME. ADVICE RECEIVED VIA THE Roofers Local 149 Detroit 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.
Roofers Local 149 Detroit 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
Roofers Local 149 Detroit 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. Roofers Local 149 Detroit 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 Roofers
Local 149 Detroit 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 Roofers Local 149 Detroit Trust
Funds Participant Benefit Website, WITH THE DELAY OR INABILITY TO USE THE Roofers
Local 149 Detroit 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 Roofers Local 149 Detroit Trust Funds Participant Benefit Website, OR
OTHERWISE ARISING OUT OF THE USE OF THE Roofers Local 149 Detroit Trust Funds Participant Benefit Website,
WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE,
EVEN IF Roofers Local 149 Detroit 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 Roofers Local 149 Detroit Trust Funds Participant Benefit Website, OR
WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO
DISCONTINUE USING THE Roofers Local 149 Detroit Trust Funds Participant Benefit Website.
SERVICE CONTACT :
WebSupport@benesys.com
TERMINATION/ACCESS RESTRICTION
Roofers Local 149
Detroit Trust Funds Participant Benefit
Website reserves the right, in its sole discretion, to terminate your access to
the Roofers Local 149 Detroit 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 Roofers Local 149 Detroit Trust Funds Participant Benefit Website. Use
of the Roofers Local 149 Detroit 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 Roofers
Local 149 Detroit Trust Funds
Participant Benefit Website as a result of this agreement or use of the Roofers
Local 149 Detroit Trust Funds
Participant Benefit Website. Roofers Local 149 Detroit 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 Roofers Local 149
Detroit Trust Funds Participant Benefit
Website's right to comply with governmental, court and law enforcement requests
or requirements relating to your use of the Roofers Local 149 Detroit Trust Funds Participant Benefit Website or
information provided to or gathered by Roofers Local 149 Detroit 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 Roofers Local 149 Detroit Trust Funds Participant Benefit Website with
respect to the Roofers Local 149 Detroit Trust Funds Participant Benefit Website and it
supersedes all prior or contemporaneous communications and proposals, whether
electronic, oral or written, between the user and Roofers Local 149 Detroit Trust Funds Participant Benefit Website with
respect to the Roofers Local 149 Detroit 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 Roofers
Local 149 Detroit 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.