TERMS OF USE
ACCEPTANCE OF TERMS THROUGH USE. This Web site is made available to you,
as a contributing employer or participant, by the Board of Trustees of the
Connecticut Carpenters Pension Fund (the "Carpenters Pension Fund") on
the condition that you accept each of the terms, conditions, notices,
limitations and restrictions contained or referenced herein (the "Terms of
Use"). By using this Web site,
you signify your agreement to comply with, and your acceptance of, these Terms
of Use. If you do not agree to and
accept these Terms of Use, please do not use this Web site. The Carpenters Pension Fund reserves the
right, in its discretion, to update or revise at any time these Terms of Use and
any other policies which may be posted on this Web site by the Carpenters
Pension Fund. Please check these
Terms of Use and this Web site periodically for any such changes. Your continued use of this Web site
following the posting of changes to these Terms of Use or other policies
constitutes your acceptance of such changes.
USE OF WEB SITE. This Web site is for your use in
reporting fringe benefit contributions for your covered employees and in
receiving receipts to be included with their payroll checks. As a condition of your use of this Web
site, you agree that you will not use this Web site other than for its intended
purposes. Without limiting the
generality of the preceding sentence, you agree not to use this Web site for any
purpose which is unlawful or otherwise prohibited by these Terms of Use or any
other policy which may be posted on this Web site or distributed to you by the
Carpenters Pension Fund. You
further agree that all information supplied by you in connection with the use of
this Web site will be true, accurate and complete. You understand that any misuse of this
Web site or any breach of these Terms of Use or any other policy of the
Carpenters Pension Fund may, at the option of the Carpenters Pension Fund,
result in you being denied access to this Web site. The Carpenters Pension Fund reserves the
right, in its discretion and for any reason, to modify or discontinue this Web
site or any of its contents, and to limit, terminate or suspend your use of or
access to this Web site and its contents, at any time with or without cause or
prior notice.
COLLECTION OF OVERDUE ACCOUNTS.
If it becomes necessary for the
Carpenters Pension Fund to refer your account to its attorney for collection,
you will become liable for collection costs, including attorney's fees, an
interest charge of 1% per month from the date when payment was due to the date
when payment is made, auditing fees, court costs, and liquidated damages.
DELINQUENCY CONTROL PROGRAM. Contributions, and their acceptance and
allocation, reporting, delinquency, audits, and refunds are all described in the
Fund's Delinquency Control Program.
SOFTWARE. Any software that is made available to you from this Web
site (the "Software") is the copyrighted work of the Carpenters Pension
Fund and/or its affiliates. The
Carpenters Pension Fund hereby grants to you a nontransferable, non-exclusive,
revocable license to use the Software for viewing and otherwise using this Web
site in accordance with these Terms of Use and other policies of the Carpenters
Pension Fund, but for no other purpose.
Without limiting anything in these Terms of Use, any copying or
reproducing the Software to any other server or location for further
reproduction or redistribution is expressly prohibited. Notwithstanding the above, you may print
or download one copy of the Software for your use as provided herein, provided
that you keep intact all legal notices, author attributions and copyright and
other proprietary designations. You
understand that the Carpenters Pension Fund provides no assistance, including
any technical or customer support, in the use of the Software, and that your use
of the Software is at your own risk.
PROPRIETARY RIGHTS. You acknowledge and agree that all of
the materials, information, products or services which may be included in or
available on or through this Web site, including the Software (collectively, the "Content"),
are protected by copyrights, trademarks, service marks, patents, trade secrets
or other proprietary rights and laws.
Except as otherwise expressly authorized by the Carpenters Pension Fund,
you agree not to sell, license, disclose, rent, transfer, modify, distribute,
copy, reproduce, transmit, publicly display or perform, reproduce, publish,
adapt, edit, create derivative works from or otherwise commercially exploit any
of the Content. Use of the Content
for any purpose not expressly permitted in these Terms of Use is prohibited.
PASSWORD. This Web site is password
protected. You shall use the
password provided to you or approved by the Carpenters Pension Fund in order to
access this Web site. You shall
maintain in strict confidence your password and shall not disclose the password
other than to representatives of the Carpenters Pension Fund or to those of your
employees with a direct need to know the password in order to access and use
this Web site in accordance with these Terms of Use.
THIRD-PARTY SITES.
This Web site may contain
hyperlinks to Web sites operated by parties other than the Carpenters Pension
Fund. Such hyperlinks are provided
for your reference only. The
Carpenters Pension Fund does not control such Web sites and is not responsible
for the accuracy, copyright compliance, legality or any other aspect of the
content of such sites. The
inclusion of hyperlinks to such Web sites does not imply any endorsement of
these Web site by the Carpenters Pension Fund or any association with their
operators.
DISCLAIMER OF WARRANTIES. THIS WEB SITE, THE SOFTWARE AND OTHER CONTENT ARE
PROVIDED "AS IS" AND "AS AVAILABLE" FOR USE BY YOU IN ACCORDANCE WITH THESE
TERMS OF USE, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT. THE CARPENTERS
PENSION FUND DOES NOT WARRANT THAT THIS WEB SITE, THE SOFTWARE OR OTHER CONTENT
IS ACCURATE, RELIABLE, COMPLETE, CORRECT OR OTHERWISE ERROR-FREE; THAT THIS WEB
SITE, THE SOFTWARE OR OTHER CONTENT WILL BE AVAILABLE AT ANY PARTICULAR TIME OR
LOCATION; THAT ANY DEFECTS OR ERRORS IN THIS WEB SITE, THE SOFTWARE OR OTHER
CONTENT WILL BE CORRECTED; OR THAT THIS WEB SITE, THE SOFTWARE OR OTHER CONTENT
IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS WEB SITE, THE SOFTWARE
AND OTHER CONTENT IS SOLELY AT YOUR RISK.
LIMITATION OF LIABILITY.
IN NO EVENT SHALL THE CARPENTERS PENSION
FUND OR ITS TRUSTEES, EMPLOYEES, AGENTS, AFFILIATES, SUPPLIERS OR CONTENT
PROVIDERS BE LIABLE FOR ANY DAMAGES OF ANY KIND OR NATURE (INCLUDING WITHOUT
LIMITATION, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR
OTHER DAMAGES), ARISING OUT OF, RELATED TO, OR IN ANY WAY CONNECTED WITH THE USE
OF, OR ANY DELAY OR INABILITY TO USE OR ACCESS, THIS WEB SITE, THE SOFTWARE OR
OTHER CONTENT. THIS LIMITATION APPLIES WHETHER THE
ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY,
WARRANTY OR ANY OTHER LEGAL THEORY, EVEN IF THE CARPENTERS PENSION FUND HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
INDEMNIFICATION.
You agree to defend, indemnify
and hold harmless the Carpenters Pension Fund and its trustees, employees,
agents, affiliates, suppliers and content providers from and against all
liabilities, claims, damages, costs and expenses, including reasonable
attorney's fees, that arise from or relate to your use of this Web site, the
Software or other Content. The
Carpenters Pension Fund reserves the right, at it own expense, to assume the
exclusive defense and control of any matter otherwise subject to indemnification
by you, in which event you will cooperate with the Carpenters Pension Fund in
asserting any available defenses.
GENERAL. These Terms of Use shall be governed by and construed in accordance with the laws of the State of Connecticut, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of this Web site, the Software or other Content shall be filed only in the state or federal courts located in the State of Connecticut, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. These Terms of Use constitute the entire agreement between you and the Carpenters Pension Fund with respect to this Web site, the Software and other Content, and these Terms of Use supersede all prior or contemporaneous agreements, communications and proposals (whether oral, written, or electronic) between you and the Carpenters Pension Fund with respect to this Web site, the Software and other Content. If any part of these Terms of Use, including but not limited to, the warranty disclaimers and liability limitations set forth above, is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The waiver by the Carpenters Pension Fund of any breach of any of these Terms of Use shall not operate or be construed as a waiver of any subsequent breach. You agree that no joint venture, partnership, employment or agency relationship exists between you and the Carpenters Pension Fund as a result of these Terms of Use or use of this Web site, the Software or other Content. The Carpenters Pension Fund's performance of these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of the Carpenters Pension Fund's right to comply with government requests or requirements relating to your use of this Web site, the Software or other Content, or any materials or information provided to or gathered by the Carpenters Pension Fund with respect to such use. Any rights not expressly granted to you in these Terms of Use are reserved by the Carpenters Pension Fund.
© 2000. The Board of Trustees of the Connecticut Carpenters Pension Fund, 10 Broadway, Hamden, Connecticut 06518. All rights reserved.