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English (United States)

Website Terms of Use

The following terms and conditions (the “Terms of Use”) govern your use of the websites currently located at www.32bjfunds.org, www.32bjfunds.com, https://32bjmemberportal.com and any other website on which it is posted (the “Websites”). The Websites are managed by Building Service 32BJ Benefit Funds (the “Funds” or “us” or “we”). Use of the Websites is subject to the following Terms of Use.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WEBSITES.

By using the Websites, 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 Websites.

The Funds reserve the right to update the Terms of Use at any time by posting such changes on the Websites, and such changes will be effective upon any further use of the Websites. Your continued use of the Websites following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

ABILITY TO ACCEPT TERMS OF SERVICE

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. In any case, you affirm that you are over the age of 13, as the Funds Websites are not intended for children under 13.

GENERAL USE OF THE WEBSITE - PERMISSIONS AND RESTRICTIONS

The Funds hereby grant you permission to access and use the Websites as set forth in these Terms of Use, subject to the terms and conditions described below, and provided that:


1. You do not collect any personally identifiable information of others, including user names or email addresses, from the Websites.


2. You do not use the website for any commercial purposes without the prior written authorization of the Funds.


3. You do not use or launch any automated system, including, without limitation, "robots," "spiders," or "offline readers," that accesses the Websites in a manner that sends more request messages to the Funds servers in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser. Notwithstanding the foregoing, the Funds grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of, and solely to the extent necessary for, creating publicly available searchable indices of the materials, but not caches or archives of such materials. The Funds reserves the right to revoke these exceptions either generally or in specific cases.


4. You do not transmit or otherwise make available any content containing any "virus," "worm," "trojan horse," or any other computer code, file, or program designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.


5. You do not alter or modify any part of the Websites.


6. You do not circumvent, disable, or otherwise interfere with security-related features of the Funds' Websites or our sites or servers (or networks connected to our Websites).


7. You do not harass, threaten, embarrass, or cause distress, unwanted attention, or discomfort to a person or entity on or through the Websites or its communication systems.


8. You do not transmit or otherwise make available on or through the Websites any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, or racially, ethnically, or otherwise objectionable, as solely determined by the Funds, and as further described below.


9. The Funds reserves the right to change or discontinue any aspect of the Funds Websites at any time, for any reason, and without notice to you.


10. The Funds reserve the right to suspend or terminate a user's access to the Websites, without prior notice and at the Funds' sole discretion.


11. This list of permissions and restrictions, along with the other terms described below, is not intended to be complete, but merely illustrative. The Funds reserve the right in our sole and final judgment to determine whether conduct violates conduct requirements for the Funds Websites.


PRIVACY AND PROTECTION OF PERSONAL INFORMATION

You may choose to submit certain personally identifiable information to us via the Websites. For example, you may choose to update or change your contact information on the Websites and provide other types of personal information in other circumstances. When submitting information to the Websites, you agree to provide only true, accurate, current, and complete information, and you accept all responsibility for all activities that occur under your account. See our Website Privacy Policy for our policies relating to the collection and use of your information via the Websites. The Website Privacy Policy is incorporated into these Terms of Use by this reference.

USE OF MATERIALS ON WEBSITES

The information and materials on the Websites that include, 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 participant or dependent in the Funds' services and plans, 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 automatically ends if you breach any of these terms or conditions.

PROPRIETARY RIGHTS

The Materials 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 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 Websites 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.

SUBMITTED MATERIALS

Unless specifically requested, we do not solicit nor do we wish to receive any confidential, secret, or proprietary information or other material from you through the Websites, by e-mail or in any other way. Any information, creative works, ideas, suggestions, concepts, methods, systems, designs, plans, techniques, or other materials submitted or sent to us (including, for example and without limitation, that which you submit or post to our message boards or blogs, or send to us via e-mail) ("Submitted Materials") will be deemed not to be confidential or secret, and may be used by us in any manner consistent with these Terms of Use and the Website Privacy Policy. By submitting, posting, or sending Submitted Materials to us or the Websites, you: (i) represent and warrant that the Submitted Materials are original to you, that no other party has any rights thereto, and that any "moral rights" in Submitted Materials have been waived, and (ii) you grant us and our affiliates a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive, and fully transferable, assignable, and sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display, make, sell, and export such material (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed. We cannot be responsible for maintaining any Submitted Materials that you provide to us, and we may delete or destroy any such Submitted Materials at any time.

PUBLIC FORUMS

The Websites may include certain features that would allow users to interact and communicate with each other and/or with the general public (such as blogs and other similar forums, areas, and services) (collectively, the "Forums"). All of the terms and conditions set forth in these Terms of Use (and any other supplementary terms and conditions that may be made available in connection with the Forums), are applicable to your use of the Forums. It is important to remember that content submitted to a Forum may be recorded and stored in multiple places, both on the Websites and elsewhere on the Internet, and you may have no control over who will access or view them eventually. Therefore, you should be careful and selective about the information and content that you choose to disclose in such Forums and on the Websites in general about yourself and others, and in particular, you should not disclose any sensitive, proprietary, or confidential information or content in your submissions to the Forums.

RIGHT TO MONITOR AND EDITORIAL CONTROL

We reserve the right (but do not have nor assume any obligation) to monitor and/or review all information and materials submitted to the Websites (including, without limitation, any Forums). We are not responsible for any such materials. However, we reserve the right at all times to disclose any information as necessary to satisfy any law, regulation, or government request (subject to our Website Privacy Policy), or to edit, refuse to post, or to remove any information or materials, in whole or in part, that in our sole discretion, are objectionable or in violation of these Terms of Use, any of our policies, or applicable law.

PROHIBITED USER CONDUCT

You agree that, while using the Websites, the Materials, or the various services and features offered on or through the Websites (including, without limitation, the Forums), 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 Websites 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 Websites;

(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 Websites or for any services available on the Websites, or obtaining lists of users or obtaining or accessing other information or features on the Websites, including, without limitation, any information residing on any server or database connected to the Websites;

(d) use the Websites, the Materials, or the services on the Websites in any manner that could damage, disable, overburden, or impair the Websites 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 Websites, the Materials, or the Websites' services or features in violation of the Funds' or any third party's intellectual property or other proprietary or legal rights;

(f) use the Websites, the Materials, or the Websites' services or features in violation of any applicable law;

(g) attempt yourself or encourage or support anyone else's attempt to circumvent, reverse engineer, decrypt, disassemble, decompile, or otherwise alter or interfere with the Websites, any Materials, or the Websites' services, or make any unauthorized use thereof;

(h) upload, post, transmit, distribute, or otherwise publish to, on or through the Websites, any information, content, or materials that 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 that 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 Websites 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 that constitutes, contains, or disseminates a virus, spyware, or other harmful component, or that contains any embedded links, advertising, chain letters, or pyramid schemes of any kind;

(k) use, redistribute, republish, or exploit any part of the Websites or any Materials for any commercial or promotional purposes, or contact any other user of the Websites for commercial or promotional purposes, or offer to buy or sell any product or service on or through your activities on the Websites; 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.

INDEMNIFICATION

You agree to defend, indemnify, and hold us and our directors, officers, employees, and agents harmless from any and all claims, liabilities, costs, and expenses, including reasonable attorneys' fees, arising in any way from (i) your use of the Websites or the Materials, (ii) your Submitted Materials, in whole or in part, or (iii) your breach or violation of any applicable law or these Terms of Use. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with any such defense.

LINKS TO OTHER WEBSITES

The Funds' Websites 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 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 ON THE WEBSITES 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 THAT THE MATERIALS WILL MEET YOUR SPECIFIC REQUIREMENTS. THE FUNDS DISCLAIM ANY DUTY TO UPDATE THE MATERIALS ON THE WEBSITES 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 WEBSITES OR YOUR DOWNLOADING OR UPLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE WEBSITES. IF YOU ARE DISSATISFIED WITH THE WEBSITES, YOU SHOULD DISCONTINUE USING THE WEBSITES.

THE WEBSITES AND ANY HEALTH-RELATED INFORMATION AND RESOURCES THEREON ARE NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE OR FOR THE CARE THAT PATIENTS RECEIVE FROM THEIR PHYSICIANS. ANY INFORMATION SUPPLIED THROUGH THE WEBSITES IS FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY, AND DO NOT CONSTITUTE NOR ARE INTENDED TO BE, OR BE A SUBSTITUTE FOR MEDICAL, HEALTH, OR OTHER PROFESSIONAL ADVICE. NOTHING IN THE WEBSITES IS INTENDED TO BE USED FOR MEDICAL DIAGNOSIS OR TREATMENT. IT IS IMPORTANT THAT YOU NOT MAKE MEDICAL OR HEALTH-RELATED DECISIONS WITHOUT FIRST CONSULTING YOUR PERSONAL PHYSICIAN OR OTHER HEALTHCARE PROFESSIONAL. NO CLAIMS OR ENDORSEMENTS ARE MADE OR IMPLIED FOR ANY DRUG, SUPPLEMENT, THERAPY, PROFESSIONAL, OR TREATMENT THAT MAY BE POSTED OR DISPLAYED ON OR THROUGH THE WEBSITES. 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 WEBSITES CREATED OR PROVIDED BY USERS OR OTHER THIRD PARTIES. USE OF THE WEBSITES, CREATION OF AN ACCOUNT OR THE SUBMISSION OF ANY SUBMITTED MATERIALS DOES NOT GUARANTEE ACCEPTANCE OR USE THEREOF.

THE WEBSITES ARE CONTROLLED AND OPERATED BY THE FUNDS FROM ITS OFFICES WITHIN THE UNITED STATES. THE FUNDS MAKE NO REPRESENTATION THAT MATERIALS ON THE WEBSITES 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 WEBSITES 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 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 WEBSITES OR THE MATERIALS PROVIDED ON THE WEBSITES ON ANY THEORY OF LIABILITY, WHETHER ON THE BASIS OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF THE FUNDS 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 WEBSITES, 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 WEBSITES. 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 WEBSITES 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 WEBSITES 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 reserves the right any time and from time to time to modify or discontinue, temporarily or permanently, the Websites (or any portion thereof) with or without notice. We may terminate, change, suspend, or discontinue any aspect of the Websites at any time. We may restrict, suspend, or terminate your access to the Websites, to any Materials and/or its services (including, without limitation, any Forum) if we believe you are in breach of these Terms of Use or applicable law, or for any other reason without notice or liability. We maintain a policy that provides for the termination in appropriate circumstances of the Websites' use privileges of users who are repeat infringers of intellectual property rights.

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 its conflicts of laws principles. 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 intent, and the remaining portions shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and the Funds' failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the Funds without restriction. The Terms of Use and the rights and obligations created hereunder shall be binding upon and inure solely to the benefits of the parties hereto and their respective successors and assigns, and nothing in these Terms of Use, express or implied, is intended or should be construed to confer upon any other person any right, remedy, or claim under or by virtue of this agreement. You and the Funds agree that any cause of action arising out of or related to the Website must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

COPYRIGHT

We respect the intellectual property rights of others, and require that the people who use the Websites 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:

1. Your address, telephone number, and email address;

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

3. A description of where the alleged infringing material is located;

4. 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;

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

6. 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.


You acknowledge that if you fail to comply with all of the above requirements, your DMCA notice may not be valid.

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

Terms of Use Last Updated: July 15, 2021