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