AGREEMENT BETWEEN USER AND UAW Retirees of the Dana Corporation Health
and Welfare Trust Participant Benefit Website
The UAW Retirees of the Dana Corporation Health and Welfare Trust Participant Benefit
Website is comprised of various Web pages operated by UAW Retirees of the Dana Corporation
Health and Welfare Trust Participant Benefit Website.
The UAW Retirees of the Dana Corporation Health and Welfare 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 Retirees of the Dana Corporation Health and Welfare Trust 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 the Dana Corporation Health and Welfare 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 the Dana Corporation Health and Welfare Trust Participant Benefit
Website reserves the right to change the terms, conditions, and notices under which
the UAW Retirees of the Dana Corporation Health and Welfare Trust Participant Benefit
Website is offered, including but not limited to the charges associated with the
use of the UAW Retirees of the Dana Corporation Health and Welfare Trust Participant
Benefit Website.
LINKS TO THIRD PARTY SITES
UAW Retirees of the Dana Corporation Health and Welfare Trust Participant Benefit
Website reserves the right to change the terms, conditions, and notices under which
the UAW Retirees of the Dana Corporation Health and Welfare Trust Participant Benefit
Website is offered, including but not limited to the charges associated with the
use of the UAW Retirees of the Dana Corporation Health and Welfare Trust Participant
Benefit Website.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the UAW Retirees of the Dana Corporation Health and
Welfare Trust Participant Benefit Website, you warrant to UAW Retirees of the Dana
Corporation Health and Welfare Trust Participant Benefit Website that you will not
use the UAW Retirees of the Dana Corporation Health and Welfare 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 the Dana Corporation Health and
Welfare Trust Participant Benefit Website in any manner which could damage, disable,
overburden, or impair the UAW Retirees of the Dana Corporation Health and Welfare
Trust Participant Benefit Website or interfere with any other party's use and enjoyment
of the UAW Retirees of the Dana Corporation Health and Welfare 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 the Dana Corporation Health and Welfare Trust Participant Benefit Website.
USE OF COMMUNICATION SERVICES
The UAW Retirees of the Dana Corporation Health and Welfare 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 the Dana Corporation Health and Welfare Trust Participant Benefit
Website has no obligation to monitor the Communication Services. However, UAW Retirees
of the Dana Corporation Health and Welfare 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 Retirees of the Dana Corporation Health and
Welfare Trust 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 the Dana Corporation Health and Welfare 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 the Dana Corporation Health and Welfare 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 the Dana
Corporation Health and Welfare Trust Participant Benefit Website does not control
or endorse the content, messages or information found in any Communication Service
and, therefore, UAW Retirees of the Dana Corporation Health and Welfare 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 the Dana Corporation
Health and Welfare Trust Participant Benefit Website spokespersons, and their views
do not necessarily reflect those of UAW Retirees of the Dana Corporation Health
and Welfare 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 the Dana Corporation Health and
Welfare Trust Participant Benefit Website OR POSTED AT ANY UAW Retirees of the Dana
Corporation Health and Welfare Trust Participant Benefit Website
UAW Retirees of the Dana Corporation Health and Welfare Trust Participant Benefit
Website does not claim ownership of the materials you provide to UAW Retirees of
the Dana Corporation Health and Welfare Trust Participant Benefit (including feedback
and suggestions) or post, upload, input or submit to any UAW Retirees of the Dana
Corporation Health and Welfare 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 the Dana
Corporation Health and Welfare 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 the Dana Corporation Health and Welfare 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 the Dana Corporation
Health and Welfare 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 the Dana Corporation Health and Welfare Trust Participant Benefit
Website MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY
ADDED TO THE INFORMATION HEREIN. UAW Retirees of the Dana Corporation Health and
Welfare Trust Participant Benefit Website AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS
AND/OR CHANGES IN THE UAW Retirees of the Dana Corporation Health and Welfare Trust
Participant Benefit Website AT ANY TIME. ADVICE RECEIVED VIA THE UAW Retirees of
the Dana Corporation Health and Welfare Trust 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 the Dana Corporation Health and Welfare 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 the Dana Corporation Health
and Welfare 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 the Dana Corporation Health and Welfare 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 the Dana Corporation Health and Welfare 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 the Dana Corporation Health and Welfare
Trust Participant Benefit Website, WITH THE DELAY OR INABILITY TO USE THE UAW Retirees
of the Dana Corporation Health and Welfare 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 the Dana Corporation Health and Welfare Trust Participant Benefit Website, OR
OTHERWISE ARISING OUT OF THE USE OF THE UAW Retirees of the Dana Corporation Health
and Welfare Trust Participant Benefit Website, WHETHER BASED ON CONTRACT, TORT,
NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF UAW Retirees of the Dana Corporation
Health and Welfare 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 the Dana Corporation Health and Welfare 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 the Dana Corporation Health and
Welfare Trust Participant Benefit Website.
SERVICE CONTACT : WebSupport@benesys.com
TERMINATION/ACCESS RESTRICTION
UAW Retirees of the Dana Corporation Health and Welfare Trust Participant Benefit
Website reserves the right, in its sole discretion, to terminate your access to
the UAW Retirees of the Dana Corporation Health and Welfare 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 the Dana Corporation Health and Welfare Trust Participant Benefit Website. Use
of the UAW Retirees of the Dana Corporation Health and Welfare 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 the Dana Corporation Health and Welfare Trust
Participant Benefit Website as a result of this agreement or use of the UAW Retirees
of the Dana Corporation Health and Welfare Trust Participant Benefit Website. UAW
Dana 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 UAW Retirees of the Dana Corporation Health and Welfare 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 the Dana Corporation
Health and Welfare Trust Participant Benefit Website or information provided to
or gathered by UAW Retirees of the Dana Corporation Health and Welfare 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 the Dana Corporation Health and Welfare Trust Participant Benefit Website
with respect to the UAW Retirees of the Dana Corporation Health and Welfare 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 the Dana Corporation Health and Welfare Trust Participant Benefit Website with
respect to the UAW Retirees of the Dana Corporation Health and Welfare 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 the Dana Corporation Health and Welfare 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.