AGREEMENT BETWEEN USER
AND IBEW- National Electrical 401(k) Plan
The IBEW- National Electrical 401(k) Plan is comprised of various Web pages
operated by IBEW- National Electrical 401(k) Plan.
The IBEW- National Electrical 401(k) Plan 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 IBEW- National
Electrical 401(k) Plan 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 IBEW- National Electrical 401(k)
Plan 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
IBEW- National Electrical 401(k) Plan reserves the right to change the terms,
conditions, and notices under which the IBEW- National Electrical 401(k) Plan
is offered, including but not limited to the charges associated with the use of
the IBEW- National Electrical 401(k) Plan.
LINKS TO THIRD PARTY SITES
IBEW- National Electrical 401(k) Plan reserves the right to change the terms,
conditions, and notices under which the IBEW- National Electrical 401(k) Plan
is offered, including but not limited to the charges associated with the use of
the IBEW- National Electrical 401(k) Plan.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the IBEW- National Electrical 401(k) Plan, you
warrant to IBEW- National Electrical 401(k) Plan that you will not use the IBEW-
National Electrical 401(k) Plan for any purpose that is unlawful or prohibited
by these terms, conditions, and notices. You may not use the IBEW- National
Electrical 401(k) Plan in any manner which could damage, disable, overburden,
or impair the IBEW- National Electrical 401(k) Plan or interfere with any other
party's use and enjoyment of The IBEW- National Electrical 401(k) Plan. You may
not obtain or attempt to obtain any materials or information through any means
not intentionally made available or provided for through the IBEW- National
Electrical 401(k) Plan.
USE OF COMMUNICATION SERVICES
The IBEW- National Electrical 401(k) Plan 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.
IBEW- National
Electrical 401(k) Plan has no obligation to monitor the Communication Services.
However, IBEW- National Electrical 401(k) Plan reserves the right to review
materials posted to a Communication Service and to remove any materials in its
sole discretion. IBEW- National Electrical 401(k) Plan reserves the right to
terminate your access to any or all of the Communication Services at any time
without notice for any reason whatsoever.
IBEW- National Electrical 401(k) Plan 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 IBEW-
National Electrical 401(k) Plan's sole discretion.
Always use caution when giving out any personally identifying information about
yourself or your children in any Communication Service. IBEW- National
Electrical 401(k) Plan does not control or endorse the content, messages or
information found in any Communication Service and, therefore, IBEW- National
Electrical 401(k) Plan 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 IBEW- National
Electrical 401(k) Plan spokespersons, and their views do not necessarily
reflect those of IBEW- National Electrical 401(k) Plan.
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 IBEW- National Electrical 401(k) Plan OR POSTED AT ANY
IBEW- National Electrical 401(k) Plan
IBEW- National Electrical 401(k) Plan does not claim ownership of the materials
you provide to IBEW- National Electrical 401(k) Plan (including feedback and
suggestions) or post, upload, input or submit to any IBEW- National Electrical
401(k) Plan or its associated services (collectively "Submissions").
However, by posting, uploading, inputting, providing or submitting your
Submission you are granting IBEW- National Electrical 401(k) Plan, 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. IBEW- National Electrical 401(k) Plan is under no obligation
to post or use any Submission you may provide and may remove any Submission at
any time in IBEW- National Electrical 401(k) Plan'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 IBEW- National Electrical 401(k) Plan may include inaccuracies or
typographical errors. Changes are periodically added to the information herein.
IBEW- National Electrical 401(k) Plan and/or its suppliers may make
improvements and/or changes in the IBEW- National Electrical 401(k) Plan at any
time. Advice received via the IBEW- National Electrical 401(k) Plan 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.
IBEW- National Electrical 401(k) Plan 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 IBEW- National Electrical 401(k) Plan 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. IBEW- National
Electrical 401(k) Plan 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 IBEW-
National Electrical 401(k) Plan 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 IBEW- National Electrical 401(k) Plan, with the delay or inability to use
the IBEW- National Electrical 401(k) Plan or related services, the provision of
or failure to provide services, or for any information, software, products,
services and related graphics obtained through the IBEW- National Electrical
401(k) Plan, or otherwise arising out of the use of the IBEW- National
Electrical 401(k) Plan, whether based on contract, tort, negligence, strict
liability or otherwise, even if IBEW- National Electrical 401(k) Plan 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 IBEW- National Electrical
401(k) Plan, or with any of these terms of use, your sole and exclusive remedy
is to discontinue using the IBEW- National Electrical 401(k) Plan.
SERVICE CONTACT : WebSupport@benesys.com
TERMINATION/ACCESS RESTRICTION
IBEW- National Electrical 401(k) Plan reserves the right, in its sole
discretion, to terminate your access to The IBEW- National Electrical 401(k)
Plan 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 IBEW- National Electrical 401(k) Plan. Use of The IBEW- National
Electrical 401(k) Plan 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 IBEW- National
Electrical 401(k) Plan as a result of this agreement or use of The IBEW-
National Electrical 401(k) Plan. IBEW- National Electrical 401(k) Plan's
performance of this agreement is subject to existing laws and legal process,
and nothing contained in this agreement is in derogation of IBEW- National
Electrical 401(k) Plan’s right to comply with governmental, court and law
enforcement requests or requirements relating to your use of The IBEW- National
Electrical 401(k) Plan or information provided to or gathered by IBEW- National
Electrical 401(k) Plan 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 IBEW- National Electrical
401(k) Plan with respect to The IBEW- National Electrical 401(k) Plan and it
supersedes all prior or contemporaneous communications and proposals, whether
electronic, oral or written, between the user and IBEW- National Electrical
401(k) Plan with respect to The IBEW- National Electrical 401(k) Plan. 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 IBEW- National Electrical 401(k) Plan are: Copyright 2016
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.