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Privacy Policy and Terms of Use

WEBSITE TERMS OF USE

Please read these Terms of Use carefully before using the Website.

PRIVACY, PROTECTION AND THE PROVISION OF PERSONAL INFORMATION
USE OF SERVICES
USE OF MATERIALS ON WEBSITE
PROPRIETARY RIGHTS
TRADEMARKS
SUSPENSION OR TERMINATION OF ACCESS
PROHIBITED USER CONDUCT
LINKS TO OTHER WEBSITE
DISCLAIMER OF WARRANTIES
LIMITATION OF LIABILITY
CHOICE OF LAW AND FORUM; MISCELLANEOUS
ELECTRONIC COMMUNICATIONS
COPYRIGHT

Website Terms of Use
The following terms and conditions (the "Terms of Use") govern your use of the website currently located at http://www.32bjremittance.com (the "Website"). The Website is managed by Building Service 32BJ Benefit Funds (the "Funds" or "us" or "we"). Use of the Website is subject to the following Terms of Use.

Please read these Terms of Use carefully before using the Website.
By using the Website, you acknowledge that you have read, understood and agree to be bound by these Terms of Use. If you do not agree to these terms, your alternative is to leave the Website. The Funds reserve the right to update the Terms of Use at any time by posting such changes on the Website, and such changes will be effective upon any further use of the Website. Your continued use of the Website following the posting of any changes to the Terms of Use constitutes acceptance of those changes.


 

PRIVACY, PROTECTION AND THE PROVISION OF PERSONAL INFORMATION
You may choose to submit certain personally identifiable information to us via the Website. For example, you may choose to update or change your contact information on the Website, provide personal information regarding certain employees, or provide other types of personal information in other circumstances. When submitting information to the Website, you (i) agree to provide only true, accurate, current and complete information, (ii) represent and warrant that you have acquired any consents or provided any notices that are required in connection with your provision of any such information to the Website, and (iii) you accept all responsibility for all activities that occur under your account by you, your employees or agents, or using your password obtained from you, including responsibility for whatever information you provide to us through the Website. See our Website Privacy Policy for our policies relating to the collection and use of the information you provide to us via the Website. The Privacy Policy is incorporated into these Terms of Use by this reference.

USE OF SERVICES
You will be given access to certain software and services on the Website (such software and services, the "Services"). To access these Services, you are required to log into the Website [using a user name and password provided to you by the Security Administrator at your company] if you are so authorized (such authorized users, "Authorized Users").] The Funds hereby grants such Authorized Users a limited, non-transferable, revocable, non-exclusive license to use the Services for your internal business purposes. Authorized Users are prohibited from using the Services to provide service bureau, outsourcing, other third-party services or any service that would cause it to receive unrelated business income. Authorized Users further agree not to obstruct, conceal, manipulate, modify, alter, remove or destroy any proprietary markings placed upon or contained within the Services or Materials, including, without limitation, any copyright notices or confidential legends placed upon or contained within the Licensed Software or Materials. Authorized Users agree to maintain the confidentiality of the Services and any related documentation contained therein. You are responsible for all activity occurring when the Website or Services are accessed through your account, by you, your employees or agents, or using your password obtained from you, whether authorized by you or not. You are not responsible for any activity occurring when the Website or Services are accessed through your account by the Union or its employees or agents, without your written permission. Therefore, be sure to protect the confidentiality of your account password. We are not liable for any loss or damage arising from your failure to protect your password or account information.

USE OF MATERIALS ON WEBSITE
The information and materials on the Website (including, without limitation, content, text, data, graphics, logos, images, photographs, designs, software code and files) (the "Materials") are provided by the Funds as a service to their participants. The Funds gives you permission to access, view, download and copy (where applicable) the Materials for internal, informational and non-commercial purposes only in your capacity as a participating employer of the Funds and provided that you do not change the Materials and that you retain unmodified all copyright and other proprietary notices that may be contained on or in any of the Materials. This permission ends automatically if you breach any of these terms or conditions.


 

PROPRIETARY RIGHTS
The Materials and Services may be protected by copyright, trademark, trade dress and other laws. You cannot use the Website or Materials for a purpose not expressly authorized in the Materials or these Terms of Use without the prior written permission of the Funds. Ownership of the Materials and all proprietary rights in the Materials and Services shall at all times remain, as between you and the Funds, with the Funds. The Funds and its licensors reserve all rights not expressly granted to you herein.

TRADEMARKS
All trademarks, service marks, trade names, logos, and other designations (collectively the "Marks") are the sole property of the Funds or other third parties that have granted the Funds the right and license to use such Marks. Nothing contained on the Website should be interpreted as granting any right or license to use any such Marks without the prior written permission of the Funds or the respective owners of the Marks displayed.

SUSPENSION OR TERMINATION OF ACCESS
We have the right to deny access to, and to suspend or terminate your access to, the Website, the Services, or to any features or portions of the Website, and to remove and discard any content or materials you have submitted to the Website, at any time and for any reason, including for any violation by you of these Terms of Use. In addition, we may terminate Website or Services usage privileges of users who are repeat infringers of intellectual property rights. In the event that we suspend or terminate your access to and/or use of the Website and/or Services, you will continue to be bound by the Terms of Use that were in effect as of the date of your suspension or termination.

PROHIBITED USER CONDUCT
You agree that, while using the Website, the Materials, the Services and/or the various services and features offered on or through the Website you shall not: (a) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (b) obtain or attempt to gain unauthorized access to other computer systems, Materials, information or any services made available on or through the Website through any means, or obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the Website; (c) engage in spidering, "screen scraping," "database scraping," harvesting of e-mail addresses or other contact or personal information, or any other automatic means of accessing, logging-in or registering on the Website or for any services available on the Website, or obtaining lists of users or obtaining or accessing other information or features on the Website, including, without limitation, any information residing on any server or database connected to the Website; (d) use the Website, the Materials or the Services on the Website in any manner that could damage, disable, overburden, or impair the Website or such Services, or interfere with another party's use and enjoyment thereof, including, without limitation, sending mass unsolicited messages or "flooding" servers with requests; (e) use the Website, the Materials or the Services or features in violation of the Funds' or any third party's intellectual property or other proprietary or legal rights; (f) use the Website, the Materials or the Services or features in violation of any applicable law; (g) attempt (or encourage or support any one else's attempt) to circumvent, reverse engineer, decrypt, disassemble, decompile or otherwise alter or interfere with the Website, any Materials or the Services, or make any unauthorized use thereof; (h) upload, post, transmit, distribute or otherwise publish to, on or through the Website, any information, content or materials which are false, fraudulent, misleading, unlawful, threatening, abusive, harassing, hateful, racially, ethnically or otherwise objectionable, libelous, defamatory, obscene, vulgar, offensive, incendiary, pornographic, profane, sexually explicit or indecent, including without limitation, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law; (i) use the Website, Services or the Materials to, or in any other manner, violate, plagiarize or infringe the rights of third parties, including without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or rights of publicity or any other proprietary or legal right; (j) upload, post, publish, distribute or otherwise transmit any information or material which constitutes, contains or disseminates a virus, spyware, or other harmful component, or which contains any embedded links, advertising, chain letters or pyramid schemes of any kind; (k) use, redistribute, republish or exploit any part of the Website or any Materials for any commercial or promotional purposes, or contact any other user of the Website for commercial or promotional purposes, or offer to buy or sell any product or service on or through your activities on the Website; or (l) alter, edit, delete, remove, fail to display, otherwise change the meaning or appearance of, or repurpose any of the Materials (or attempt to do any of the foregoing), including, without limitation, any trademarks, trade names, logos, service marks, promotional taglines, or any other proprietary content or proprietary rights notices included therein or thereon.


 

LINKS TO OTHER WEBSITE
The Website may contain links (including, for example, in the form of hyperlinks, logos, banners and widgets) to, or be linked from, other websites that are controlled and/or operated by parties other than the Funds. The Funds are not responsible for and do not accept responsibility for or make any representations regarding such other websites, the contents of those websites, or their privacy policies, and you acknowledge that any such links do not necessarily constitute an endorsement, approval or sponsorship thereof by the Funds. All rules, policies (including privacy policies) and operating procedures of such other websites will apply to you while on those other websites.

DISCLAIMER OF WARRANTIES
THE MATERIALS AND SERVICES ON THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND THE FUNDS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, NO ADVICE OR INFORMATION OBTAINED FROM THE WEBSITE SHALL BE DEEMED TO CREATE ANY WARRANTY WHATSOEVER, AND THE FUNDS MAKE NO REPRESENTATION OR WARRANTY AS TO THE ACCURACY, TIMELINESS, RELIABILITY, VALIDITY OR COMPLETENESS OF THE MATERIALS OR SERVICES, OR THAT THE MATERIALS OR SERVICES WILL MEET YOUR SPECIFIC REQUIREMENTS. THE FUNDS DISCLAIM ANY DUTY TO UPDATE THE MATERIALS OR SERVICES ON THE WEBSITE ALTHOUGH IT RESERVES THE RIGHT TO DO SO AT ANY TIME WITHOUT NOTICE. WE ALSO ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING THE WEBSITE OR SERVICES OR YOUR DOWNLOADING OR UPLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE WEBSITE. IF YOU ARE DISSATISFIED WITH THE WEBSITE, YOU SHOULD DISCONTINUE USING THE WEBSITE.WE DO NOT NECESSARILY ENDORSE, SUPPORT, SANCTION, ENCOURAGE OR AGREE WITH ANY WEBSITE MATERIALS OR ANY SUBMITTED MATERIALS, OR ANY OPINION, RECOMMENDATION, CONTENT, LINK, DATA OR ADVICE EXPRESSED OR IMPLIED THEREIN, AND WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY IN CONNECTION WITH SUBMITTED MATERIALS AND ANY OTHER CONTENT, MATERIALS OR INFORMATION AVAILABLE ON OR THROUGH THE WEBSITE CREATED OR PROVIDED BY USERS OR OTHER THIRD PARTIES. USE OF THE WEBSITE, CREATION OF AN ACCOUNT OR THE SUBMISSION OF ANY SUBMITTED MATERIALS DOES NOT GUARANTEE ACCEPTANCE OR USE THEREOF.

The Website is controlled and operated by the Funds from its offices within the United States. The Funds make no representation that materials on the Website are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access the Website from other locations do so on their own initiative and are responsible for compliance with applicable local laws.

LIMITATION OF LIABILITY
IN NO EVENT SHALL THE FUNDS, OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (THE "PROTECTED ENTITIES"), BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE OR DATA OR SYSTEM FAILURE ARISING OUT OF OR IN CONNECTION WITH THE USE (OR INABILITY TO USE) OR PERFORMANCE OF THE WEBSITE, THE SERVICES OR THE MATERIALS PROVIDED ON THE WEBSITE ON ANY THEORY OF LIABILITY, WHETHER ON THE BASIS OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF THE PROTECTED ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE PROTECTED ENTITIES BE RESPONSIBLE OR LIABLE FOR OR IN CONNECTION WITH ANY DISPUTE BETWEEN OR AMONGST USERS OF THE WEBSITE, OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE WEBSITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THESE TERMS OF USE OR YOUR USE OF THE WEBSITE AND SERVICES EXCEED, IN THE AGGREGATE, THE GREATER OF (A) THE AMOUNT(S), IF ANY, PAID BY YOU TO US FOR YOUR USE OF THE APPLICABLE WEBSITE, OR (B) TEN DOLLARS ($10). ALL USERS OF THE WEBSITE UNDERSTAND AND AGREE THAT (I) THE MUTUAL AGREEMENTS MADE IN THIS SECTION REFLECT A REASONABLE ALLOCATION OF RISK, AND (II) THE PARTIES HERETO WOULD NOT HAVE ENTERED INTO THESE TERMS OF USE WITHOUT THESE LIMITATIONS ON LIABILITY.SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THE SECTIONS TITLED "DISCLAIMER OF WARRANTIES" AND "LIMITATION OF LIABILITY" MAY NOT APPLY TO YOU. TERMINATION The Funds reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any portion thereof) with or without notice. We may terminate, change, suspend or discontinue any aspect of the Website or Services at any time. We may restrict, suspend or terminate your access to the Website, to any Materials and/or Services if we believe you are in breach of these Terms of Use or applicable law, or for any other reason without notice or liability.


 

CHOICE OF LAW AND FORUM; MISCELLANEOUS
These Terms of Use shall be governed by and construed in accordance with the laws of the State of New York, without regard to such state's rules regarding conflicts of laws. By accessing the Website, you agree that any claim, controversy or action related to or arising out of the Website, your use of the Website or these Terms of Use shall be brought and maintained exclusively in a court of competent jurisdiction located in New York County, New York, and in no other court or venue. You further agree and submit to the exercise of personal jurisdiction of such courts and consent to extra-territorial service of process for the purpose of litigating any such claim, controversy or action. These Terms of Use constitute the entire agreement between you and the Funds with respect to the Website and supersede all prior communications and proposals between you and the Funds with respect to the Website. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be interpreted 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.

ELECTRONIC COMMUNICATIONS
The communications between you and us via this Website use electronic means, whether you visit this Website or send us an email, or whether we post notices on this Website or communicate with you via email. For contractual purposes, you consent to receive communications from us in an electronic form, and you agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.

COPYRIGHT
We respect the intellectual property rights of others, and require that the people who use the Website do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to our Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2) (the "DMCA"), named below:

  • Your address, telephone number, and email address;

  • A description of the copyrighted work that you claim has been infringed;

  • A description of where the alleged infringing material is located;

  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and

  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Copyright Agent: Peter Goldberger
25 West 18th Street, New York, NY 10011
voice: 1-212-388-2135
fax: 1-212-388-2185
e-mail: copyrightdmca@32bjfunds.com
Last Updated: March 2018