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AGREEMENT BETWEEN USER AND BeneSys, Inc. - Benefit
Administrators for Taft-Hartley Trust Funds
The BeneSys, Inc. - Benefit Administrators for Taft-Hartley Trust Funds Web
Site is comprised of various Web pages operated by BeneSys, Inc. - Benefit
Administrators for Taft-Hartley Trust Funds.
The BeneSys, Inc. - Benefit Administrators for Taft-Hartley Trust Funds Web
Site is offered to you conditioned on your acceptance without modification of
the terms, conditions, and notices contained herein. Your use of the BeneSys,
Inc. - Benefit Administrators for Taft-Hartley Trust Funds Web Site
constitutes your agreement to all such terms, conditions, and notices.
MODIFICATION OF
THESE TERMS OF USE
BeneSys, Inc. - Benefit Administrators for Taft-Hartley Trust Funds reserves
the right to change the terms, conditions, and notices under which the
BeneSys, Inc. - Benefit Administrators for Taft-Hartley Trust Funds Web Site
is offered, including but not limited to the charges associated with the use
of the BeneSys, Inc. - Benefit Administrators for Taft-Hartley Trust Funds
Web Site.
LINKS TO THIRD PARTY
SITES
The BeneSys, Inc. - Benefit Administrators for Taft-Hartley Trust Funds Web
Site may contain links to other Web Sites ("Linked Sites"). The
Linked Sites are not under the control of BeneSys, Inc. - Benefit
Administrators for Taft-Hartley Trust Funds and BeneSys, Inc. - Benefit
Administrators for Taft-Hartley Trust Funds is not responsible for the
contents of any Linked Site, including without limitation any link contained
in a Linked Site, or any changes or updates to a Linked Site. BeneSys, Inc. -
Benefit Administrators for Taft-Hartley Trust Funds is not responsible for
webcasting or any other form of transmission received from any Linked Site.
BeneSys, Inc. - Benefit Administrators for Taft-Hartley Trust Funds is
providing these links to you only as a convenience, and the inclusion of any
link does not imply endorsement by BeneSys, Inc. - Benefit Administrators for
Taft-Hartley Trust Funds of the site or any association with its operators.
NO UNLAWFUL OR
PROHIBITED USE
As a condition of your use of the BeneSys, Inc. - Benefit Administrators for
Taft-Hartley Trust Funds Web Site, you warrant to BeneSys, Inc. - Benefit
Administrators for Taft-Hartley Trust Funds that you will not use the
BeneSys, Inc. - Benefit Administrators for Taft-Hartley Trust Funds Web Site
for any purpose that is unlawful or prohibited by these terms, conditions,
and notices. You may not use the BeneSys, Inc. - Benefit Administrators for
Taft-Hartley Trust Funds Web Site in any manner which could damage, disable,
overburden, or impair the BeneSys, Inc. - Benefit Administrators for
Taft-Hartley Trust Funds Web Site or interfere with any other party's use and
enjoyment of the BeneSys, Inc. - Benefit Administrators for Taft-Hartley
Trust Funds Web Site. You may not obtain or attempt to obtain any materials
or information through any means not intentionally made available or provided
for through the BeneSys, Inc. - Benefit Administrators for Taft-Hartley Trust
Funds Web Sites.
USE OF COMMUNICATION
SERVICES
The BeneSys, Inc. - Benefit Administrators for Taft-Hartley Trust Funds Web
Site 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.
BeneSys, Inc. - Benefit Administrators for Taft-Hartley Trust
Funds has no obligation to monitor the Communication Services. However,
BeneSys, Inc. - Benefit Administrators for Taft-Hartley Trust Funds reserves
the right to review materials posted to a Communication Service and to remove
any materials in its sole discretion. BeneSys, Inc. - Benefit Administrators
for Taft-Hartley Trust Funds reserves the right to terminate your access to
any or all of the Communication Services at any time without notice for any
reason whatsoever.
BeneSys, Inc. - Benefit Administrators for Taft-Hartley Trust Funds 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 BeneSys, Inc. - Benefit Administrators for Taft-Hartley Trust Funds's sole discretion.
Always use caution when giving out any personally identifying information
about yourself or your children in any Communication Service. BeneSys, Inc. -
Benefit Administrators for Taft-Hartley Trust Funds does not control or
endorse the content, messages or information found in any Communication
Service and, therefore, BeneSys, Inc. - Benefit Administrators for Taft-Hartley
Trust Funds 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 BeneSys,
Inc. - Benefit Administrators for Taft-Hartley Trust Funds spokespersons, and
their views do not necessarily reflect those of BeneSys, Inc. - Benefit
Administrators for Taft-Hartley Trust Funds.
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 BeneSys, Inc. - Benefit Administrators for Taft-Hartley Trust Funds OR
POSTED AT ANY BeneSys, Inc. - Benefit Administrators for Taft-Hartley Trust
Funds WEB SITE
BeneSys, Inc. - Benefit Administrators for Taft-Hartley Trust Funds does not
claim ownership of the materials you provide to BeneSys, Inc. - Benefit
Administrators for Taft-Hartley Trust Funds (including feedback and
suggestions) or post, upload, input or submit to any BeneSys, Inc. - Benefit
Administrators for Taft-Hartley Trust Funds Web Site or its associated
services (collectively "Submissions"). However, by posting,
uploading, inputting, providing or submitting your Submission you are
granting BeneSys, Inc. - Benefit Administrators for Taft-Hartley Trust Funds,
its affiliated companies and necessary sublicensees
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. BeneSys, Inc. - Benefit Administrators for Taft-Hartley
Trust Funds is under no obligation to post or use any Submission you may
provide and may remove any Submission at any time in BeneSys, Inc. - Benefit
Administrators for Taft-Hartley Trust Funds'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 BeneSys, Inc. - Benefit Administrators for Taft-Hartley Trust
Funds WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE
PERIODICALLY ADDED TO THE INFORMATION HEREIN. BeneSys, Inc. - Benefit
Administrators for Taft-Hartley Trust Funds AND/OR ITS SUPPLIERS MAY MAKE
IMPROVEMENTS AND/OR CHANGES IN THE BeneSys, Inc. - Benefit Administrators for
Taft-Hartley Trust Funds WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE
BeneSys, Inc. - Benefit Administrators for Taft-Hartley Trust Funds WEB SITE 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.
BeneSys, Inc. - Benefit Administrators for Taft-Hartley Trust Funds 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 BeneSys, Inc. -
Benefit Administrators for Taft-Hartley Trust Funds WEB SITE 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. BeneSys, Inc. - Benefit
Administrators for Taft-Hartley Trust Funds 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 BeneSys,
Inc. - Benefit Administrators for Taft-Hartley Trust Funds 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 BeneSys, Inc. - Benefit
Administrators for Taft-Hartley Trust Funds WEB SITE, WITH THE DELAY OR
INABILITY TO USE THE BeneSys, Inc. - Benefit Administrators for Taft-Hartley
Trust Funds WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO
PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS OBTAINED THROUGH THE BeneSys, Inc. - Benefit Administrators
for Taft-Hartley Trust Funds WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF
THE BeneSys, Inc. - Benefit Administrators for Taft-Hartley Trust Funds WEB
SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR
OTHERWISE, EVEN IF BeneSys, Inc. - Benefit Administrators for Taft-Hartley
Trust Funds 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 BeneSys, Inc. - Benefit Administrators for Taft-Hartley Trust Funds WEB
SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO
DISCONTINUE USING THE BeneSys, Inc. - Benefit Administrators for Taft-Hartley
Trust Funds WEB SITE.
SERVICE CONTACT : techteam@benesysinc.com
TERMINATION/ACCESS
RESTRICTION
BeneSys, Inc. - Benefit Administrators for Taft-Hartley Trust Funds reserves
the right, in its sole discretion, to terminate your access to the BeneSys,
Inc. - Benefit Administrators for Taft-Hartley Trust Funds Web Site 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 Washington, U.S.A. and you hereby consent to the
exclusive jurisdiction and venue of courts in King County, Washington, U.S.A.
in all disputes arising out of or relating to the use of the BeneSys, Inc. -
Benefit Administrators for Taft-Hartley Trust Funds Web Site. Use of the
BeneSys, Inc. - Benefit Administrators for Taft-Hartley Trust Funds Web Site
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 BeneSys, Inc. - Benefit
Administrators for Taft-Hartley Trust Funds as a result of this agreement or
use of the BeneSys, Inc. - Benefit Administrators for Taft-Hartley Trust
Funds Web Site. BeneSys, Inc. - Benefit Administrators for Taft-Hartley Trust
Funds's performance of this agreement is subject to
existing laws and legal process, and nothing contained in this agreement is
in derogation of BeneSys, Inc. - Benefit Administrators for Taft-Hartley
Trust Funds's right to comply with governmental,
court and law enforcement requests or requirements relating to your use of
the BeneSys, Inc. - Benefit Administrators for Taft-Hartley Trust Funds Web
Site or information provided to or gathered by BeneSys, Inc. - Benefit
Administrators for Taft-Hartley Trust Funds 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 BeneSys,
Inc. - Benefit Administrators for Taft-Hartley Trust Funds with respect to
the BeneSys, Inc. - Benefit Administrators for Taft-Hartley Trust Funds Web
Site and it supersedes all prior or contemporaneous communications and
proposals, whether electronic, oral or written, between the user and BeneSys,
Inc. - Benefit Administrators for Taft-Hartley Trust Funds with respect to
the BeneSys, Inc. - Benefit Administrators for Taft-Hartley Trust Funds Web
Site. 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 an d 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 BeneSys, Inc. - Benefit Administrators for Taft-Hartley
Trust Funds Web Site are: Copyright 2021 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.
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