AGREEMENT BETWEEN USER
AND THE SHEET METAL WORKERS LOCAL 7 ZONE 3 FRINGE BENEFIT FUNDS PARTICIPANT
WEBSITE
The Sheet Metal Workers Local 7 Zone 3 Fringe Benefit Funds Participant Website
is comprised of various web pages operated by the Sheet Metal Workers Local 7
Zone 3 Fringe Benefit Funds.
The Sheet Metal Workers Local 7 Zone 3 Fringe Benefit Funds 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 Sheet Metal Workers Local 7 Zone 3 Fringe Benefit
Funds 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 Sheet Metal Workers Local 7 Zone
3 Fringe Benefit Funds 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
The Sheet Metal Workers Local 7 Zone 3 Fringe Benefit Funds Participant Website
reserves the right to change the terms, conditions, and notices under which the
Sheet Metal Workers Local 7 Zone 3 Fringe Benefit Funds Participant Website is
offered, including but not limited to the charges associated with the use of the
Sheet Metal Workers Local 7 Zone 3 Fringe Benefit Funds Participant
Website.
LINKS TO THIRD PARTY SITES
The Sheet Metal Workers Local 7 Zone 3 Fringe Benefit Funds Participant Website
reserves the right to change the terms, conditions, and notices under which the
Sheet Metal Workers Local 7 Zone 3 Fringe Benefit Funds Participant Website is
offered, including but not limited to the charges associated with the use of
the Sheet Metal Workers Local 7 Zone 3 Fringe Benefit Funds Participant
Website.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Sheet Metal Workers Local 7 Zone 3 Fringe
Benefit Funds Participant Website, you warrant to the Sheet Metal Workers Local
7 Zone 3 Fringe Benefit Funds Participant Website that you will not use the Sheet
Metal Workers Local 7 Zone 3 Fringe Benefit Funds Participant Website for any
purpose that is unlawful or prohibited by these terms, conditions, and notices.
You may not use the Sheet Metal Workers Local 7 Zone 3 Fringe Benefit Funds
Participant Website in any manner which could damage, disable, overburden, or
impair the Sheet Metal Workers Local 7 Zone 3 Fringe Benefit Funds Participant
Website or interfere with any other party's use and enjoyment of the Sheet
Metal Workers Local 7 Zone 3 Fringe Benefit Funds 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 Sheet Metal
Workers Local 7 Zone 3 Fringe Benefit Funds Participant Website.
USE OF COMMUNICATION SERVICES
The Sheet Metal Workers Local 7 Zone 3 Fringe Benefit Funds 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.
The Sheet Metal Workers
Local 7 Zone 3 Fringe Benefit Funds Participant Website has no obligation to
monitor the Communication Services. However, the Sheet Metal Workers Local 7
Zone 3 Fringe Benefit Funds Participant Website reserves the right to review
materials posted to a Communication Service and to remove any materials in its
sole discretion. The Sheet Metal Workers Local 7 Zone 3 Fringe Benefit Funds
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.
The Sheet Metal Workers Local 7 Zone 3 Fringe Benefit Funds 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, as it is deemed necessary, at the Sheet Metal Workers Local 7 Zone
3 Fringe Benefit Funds Participant Website's sole discretion.
Always use caution when giving out any personally identifying information about
yourself or your children in any Communication Service. The Sheet Metal Workers
Local 7 Zone 3 Fringe Benefit Funds Participant Website does not control nor
endorse the content, messages or information found in any Communication Service
and, therefore, the Sheet Metal Workers Local 7 Zone 3 Fringe Benefit Funds
Participant Website specifically disclaims any liability regarding the
Communication Services and any actions resulting from your participation in any
Communication Service. Managers and hosts are not authorized Sheet Metal
Workers Local 7 Zone 3 Fringe Benefit Funds Participant Website spokespersons,
and their views do not necessarily reflect those of the Sheet Metal Workers
Local 7 Zone 3 Fringe Benefit Funds 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 THE SHEET METAL WORKERS LOCAL 7 ZONE 3 FRINGE BENEFIT
FUNDS PARTICIPANT WEBSITE OR POSTED AT ANY SHEET METAL WORKERS LOCAL 7 ZONE 3
FRINGE BENEFIT FUNDS PARTICIPANT WEBSITE
The Sheet Metal Workers Local 7 Zone 3 Fringe Benefit Funds Participant Website
does not claim ownership of the materials you provide to the Sheet Metal
Workers Local 7 Zone 3 Fringe Benefit Funds Participant Website (including
feedback and suggestions) or post, upload, input or submit to any Sheet Metal
Workers Local 7 Zone 3 Fringe Benefit Funds Participant Website or its
associated services (collectively "Submissions"). However, by
posting, uploading, inputting, providing or submitting your Submission you are
granting the Sheet Metal Workers Local 7 Zone 3 Fringe Benefit Funds
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. The Sheet Metal Workers Local 7 Zone 3 Fringe Benefit Funds
Participant Website is under no obligation to post or use any Submission you
may provide and may remove any Submission at any time in the Sheet Metal
Workers Local 7 Zone 3 Fringe Benefit Funds 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 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 Sheet Metal Workers Local 7 Zone 3 Fringe Benefit Funds Participant
Website may include inaccuracies or typographical errors. Changes are
periodically added to the information herein. The Sheet Metal Workers Local 7
Zone 3 Fringe Benefit Funds Participant Website and/or its suppliers may make
improvements and/or changes in the Sheet Metal Workers Local 7 Zone 3 Fringe
Benefit Funds Participant Website at any time. Advice received via the Sheet
Metal Workers Local 7 Zone 3 Fringe Benefit Funds 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.
The Sheet Metal Workers Local 7 Zone 3 Fringe Benefit Funds 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 Sheet Metal
Workers Local 7 Zone 3 Fringe Benefit Funds 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. The Sheet Metal
Workers Local 7 Zone 3 Fringe Benefit Funds Participant Website and/or its
suppliers hereby disclaim all warranties and conditions regarding 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 the Sheet
Metal Workers Local 7 Zone 3 Fringe Benefit Funds 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 Sheet Metal Workers Local 7
Zone 3 Fringe Benefit Funds Participant Website, with the delay or inability to
use the Sheet Metal Workers Local 7 Zone 3 Fringe Benefit Funds 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 Sheet Metal Workers Local 7 Zone 3 Fringe Benefit Funds
Participant Website, or otherwise arising out of the use of the Sheet Metal
Workers Local 7 Zone 3 Fringe Benefit Funds Participant Website, whether based
on contract, tort, negligence, strict liability or otherwise, even if the Sheet
Metal Workers Local 7 Zone 3 Fringe Benefit Funds 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 Sheet Metal Workers Local 7
Zone 3 Fringe Benefit Funds Participant Website, or with any of these terms of
use, your sole and exclusive remedy is to discontinue using the Sheet Metal
Workers Local 7 Zone 3 Fringe Benefit Funds Participant Website.
SERVICE CONTACT: web.support@benesysinc.com
TERMINATION/ACCESS RESTRICTION
The Sheet Metal Workers Local 7 Zone 3 Fringe Benefit Funds Participant Website
reserves the right, in its sole discretion, to terminate your access to the Sheet
Metal Workers Local 7 Zone 3 Fringe Benefit Funds Participant 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 U.S.A. and you hereby consent to the exclusive jurisdiction and venue of
courts in the U.S.A. in all disputes arising out of or relating to the use of
the Sheet Metal Workers Local 7 Zone 3 Fringe Benefit Funds Participant
Website. Use of the Sheet Metal Workers Local 7 Zone 3 Fringe Benefit Funds
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 the Sheet Metal Workers Local 7
Zone 3 Fringe Benefit Funds Participant Website as a result of this agreement
or use of the Sheet Metal Workers Local 7 Zone 3 Fringe Benefit Funds
Participant Website. The Sheet Metal Workers Local 7 Zone 3 Fringe Benefit
Funds 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 the Sheet Metal Workers Local 7 Zone 3 Fringe Benefit Funds
Participant Website’s right to comply with governmental, court and law
enforcement requests or requirements relating to your use of the Sheet Metal
Workers Local 7 Zone 3 Fringe Benefit Funds Participant Website or information
provided to or gathered by the Sheet Metal Workers Local 7 Zone 3 Fringe
Benefit Funds 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 the Sheet Metal Workers
Local 7 Zone 3 Fringe Benefit Funds Participant Website with respect to the Sheet
Metal Workers Local 7 Zone 3 Fringe Benefit Funds Participant Website and it
supersedes all prior or contemporaneous communications and proposals, whether
electronic, oral or written, between the user and the Sheet Metal Workers Local
7 Zone 3 Fringe Benefit Funds Participant Website with respect to the Sheet
Metal Workers Local 7 Zone 3 Fringe Benefit Funds 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:
All contents of the Sheet Metal Workers Local 7 Zone 3 Fringe Benefit Funds
Participant 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.