AGREEMENT BETWEEN USER
AND THE SAGINAW PLUMBERS & PIPEFITTERS U.A. LOCAL NO. 85 FRINGE BENEFIT
FUNDS PARTICIPANT WEBSITE
The Saginaw Plumbers & Pipefitters U.A. Local NO. 85 Fringe Benefit Funds
Participant Website is comprised of various web pages operated by Saginaw
Plumbers & Pipefitters U.A. Local NO. 85 Fringe Benefit Funds.
The Saginaw Plumbers & Pipefitters U.A. Local NO. 85 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 Saginaw Plumbers & Pipefitters U.A.
Local NO. 85 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 Saginaw Plumbers & Pipefitters U.A. Local NO. 85 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 Saginaw Plumbers & Pipefitters U.A. Local NO. 85 Fringe Benefit Funds
Participant Website reserves the right to change the terms, conditions, and
notices under which the Saginaw Plumbers & Pipefitters U.A. Local NO. 85
Fringe Benefit Funds Participant Website is offered, including but not limited
to the charges associated with the use of the Saginaw Plumbers &
Pipefitters U.A. Local NO. 85 Fringe Benefit Funds Participant Website.
LINKS TO THIRD PARTY SITES
The Saginaw Plumbers & Pipefitters U.A. Local NO. 85 Fringe Benefit Funds
Participant Website reserves the right to change the terms, conditions, and
notices under which the Saginaw Plumbers & Pipefitters U.A. Local NO. 85
Fringe Benefit Funds Participant Website is offered, including but not limited
to the charges associated with the use of the Saginaw Plumbers &
Pipefitters U.A. Local NO. 85 Fringe Benefit Funds Participant Website.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Saginaw Plumbers & Pipefitters U.A. Local
NO. 85 Fringe Benefit Funds Participant Website, you warrant to the Saginaw Plumbers
& Pipefitters U.A. Local NO. 85 Fringe Benefit Funds Participant Website
that you will not use the Saginaw Plumbers & Pipefitters U.A. Local NO. 85
Fringe Benefit Funds Participant Website for any purpose that is unlawful or
prohibited by these terms, conditions, and notices. You may not use the Saginaw
Plumbers & Pipefitters U.A. Local NO. 85 Fringe Benefit Funds Participant
Website in any manner which could damage, disable, overburden, or impair the Saginaw
Plumbers & Pipefitters U.A. Local NO. 85 Fringe Benefit Funds Participant
Website or interfere with any other party's use and enjoyment of the Saginaw
Plumbers & Pipefitters U.A. Local NO. 85 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 Saginaw
Plumbers & Pipefitters U.A. Local NO. 85 Fringe Benefit Funds Participant
Website.
USE OF COMMUNICATION SERVICES
The Saginaw Plumbers & Pipefitters U.A. Local NO. 85 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 Saginaw Plumbers
& Pipefitters U.A. Local NO. 85 Fringe Benefit Funds Participant Website
has no obligation to monitor the Communication Services. However, the Saginaw
Plumbers & Pipefitters U.A. Local NO. 85 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 Saginaw
Plumbers & Pipefitters U.A. Local NO. 85 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 Saginaw Plumbers & Pipefitters U.A. Local NO. 85 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 Saginaw
Plumbers & Pipefitters U.A. Local NO. 85 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 Saginaw Plumbers
& Pipefitters U.A. Local NO. 85 Fringe Benefit Funds Participant Website
does not control nor endorse the content, messages or information found in any
Communication Service and, therefore, the Saginaw Plumbers & Pipefitters
U.A. Local NO. 85 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 Saginaw Plumbers & Pipefitters U.A. Local NO. 85
Fringe Benefit Funds Participant Website spokespersons, and their views do not
necessarily reflect those of the Saginaw Plumbers & Pipefitters U.A. Local
NO. 85 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 SAGINAW PLUMBERS & PIPEFITTERS U.A. LOCAL NO.
85 FRINGE BENEFIT FUNDS PARTICIPANT WEBSITE OR POSTED AT ANY SAGINAW PLUMBERS
& PIPEFITTERS U.A. LOCAL NO. 85 FRINGE BENEFIT FUNDS PARTICIPANT WEBSITE
The Saginaw Plumbers & Pipefitters U.A. Local NO. 85 Fringe Benefit Funds
Participant Website does not claim ownership of the materials you provide to
the Saginaw Plumbers & Pipefitters U.A. Local NO. 85 Fringe Benefit Funds
Participant Website (including feedback and suggestions) or post, upload, input
or submit to any Saginaw Plumbers & Pipefitters U.A. Local NO. 85 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 Saginaw Plumbers &
Pipefitters U.A. Local NO. 85 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 Saginaw Plumbers & Pipefitters U.A. Local NO. 85
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
Saginaw Plumbers & Pipefitters U.A. Local NO. 85 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 Saginaw Plumbers & Pipefitters U.A. Local NO. 85 Fringe Benefit
Funds Participant Website may include inaccuracies or typographical errors.
Changes are periodically added to the information herein. The Saginaw Plumbers
& Pipefitters U.A. Local NO. 85 Fringe Benefit Funds Participant Website
and/or its suppliers may make improvements and/or changes in the Saginaw
Plumbers & Pipefitters U.A. Local NO. 85 Fringe Benefit Funds Participant
Website at any time. Advice received via the Saginaw Plumbers & Pipefitters
U.A. Local NO. 85 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 Saginaw Plumbers & Pipefitters U.A. Local NO. 85 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
Saginaw Plumbers & Pipefitters U.A. Local NO. 85 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 Saginaw
Plumbers & Pipefitters U.A. Local NO. 85 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 Saginaw
Plumbers & Pipefitters U.A. Local NO. 85 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 Saginaw Plumbers &
Pipefitters U.A. Local NO. 85 Fringe Benefit Funds Participant Website, with
the delay or inability to use the Saginaw Plumbers & Pipefitters U.A. Local
NO. 85 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 Saginaw Plumbers
& Pipefitters U.A. Local NO. 85 Fringe Benefit Funds Participant Website,
or otherwise arising out of the use of the Saginaw Plumbers & Pipefitters
U.A. Local NO. 85 Fringe Benefit Funds Participant Website, whether based on
contract, tort, negligence, strict liability or otherwise, even if the Saginaw
Plumbers & Pipefitters U.A. Local NO. 85 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 Saginaw Plumbers
& Pipefitters U.A. Local NO. 85 Fringe Benefit Funds Participant Website,
or with any of these terms of use, your sole and exclusive remedy is to
discontinue using the Saginaw Plumbers & Pipefitters U.A. Local NO. 85
Fringe Benefit Funds Participant Website.
SERVICE CONTACT: web.support@benesysinc.com
TERMINATION/ACCESS RESTRICTION
The Saginaw Plumbers & Pipefitters U.A. Local NO. 85 Fringe Benefit Funds
Participant Website reserves the right, in its sole discretion, to terminate
your access to the Saginaw Plumbers & Pipefitters U.A. Local NO. 85 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 Saginaw Plumbers &
Pipefitters U.A. Local NO. 85 Fringe Benefit Funds Participant Website. Use of
the Saginaw Plumbers & Pipefitters U.A. Local NO. 85 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 Saginaw Plumbers
& Pipefitters U.A. Local NO. 85 Fringe Benefit Funds Participant Website as
a result of this agreement or use of the Saginaw Plumbers & Pipefitters
U.A. Local NO. 85 Fringe Benefit Funds Participant Website. The Saginaw
Plumbers & Pipefitters U.A. Local NO. 85 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 Saginaw
Plumbers & Pipefitters U.A. Local NO. 85 Fringe Benefit Funds Participant
Website’s right to comply with governmental, court and law enforcement requests
or requirements relating to your use of the Saginaw Plumbers & Pipefitters
U.A. Local NO. 85 Fringe Benefit Funds Participant Website or information
provided to or gathered by the Saginaw Plumbers & Pipefitters U.A. Local
NO. 85 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 Saginaw Plumbers & Pipefitters U.A. Local NO. 85 Fringe
Benefit Funds Participant Website with respect to the Saginaw Plumbers &
Pipefitters U.A. Local NO. 85 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 Saginaw Plumbers &
Pipefitters U.A. Local NO. 85 Fringe Benefit Funds Participant Website with
respect to the Saginaw Plumbers & Pipefitters U.A. Local NO. 85 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 Saginaw Plumbers & Pipefitters U.A. Local NO. 85 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.