Please read this User Agreement carefully before you use the New York City District Council of Carpenters Benefit Funds’ (“NYCDCC Funds” or “We”) member portal (“I-Site”), accessible from the URL www.nyccbf.com. By using I-Site you indicate that you understand, accept and agree to comply with every term and condition of this User Agreement. This User Agreement is a binding agreement between you and NYCDCC Funds. It governs your access and use of I-Site, which includes any information, data, tools, products, services and other content available on or through I-Site (together, “Content”).
1. We grant you a limited right to use I-Site.
- You may use I-Site only for your personal use and only in accordance with this User Agreement.
- Your right to use I-Site is subject to your agreement to abide by this User Agreement in its entirety, as well as any other rules, procedures, policies, terms or conditions that govern all or any portion of I-Site.
- At any time and for any reason we may revoke your right to use I-Site or any portion of I-Site.
- You may not transfer your right to use I-Site.
- You may not violate or attempt to violate the security of I-Site.
2. Some Content is owned by third parties; the rest of the Site is owned by NYCDCC Funds.
- I-Site may be protected by copyrights, patents, database rights, trademarks, service marks and by other intellectual property, proprietary and ownership rights of NYCDCC Funds, their affiliates and third parties.
- Some Content is provided by third parties. Each third party provider of Content maintains all copyrights, patents, database rights, trademarks, service marks and any other intellectual property, proprietary and ownership rights that it may have in any Content.
- You may not decompile, decompose, reverse engineer, disassemble or otherwise reduce all or any portion of I-Site to a form recognizable by humans, or authorize another to do so.
- You may not modify, adapt, translate, rent, sublicense, assign, loan, resell for profit or distribute all or any portion of I-Site, or authorize another to do so.
- You may not co-brand, frame, hyperlink to, publish, broadcast, retransmit, reproduce, commercially exploit, create any derivative of or otherwise disseminate all or any portion of I-Site except as explicitly permitted in this User Agreement, or authorize another to do so. We reserve the right to disable any unauthorized matter.
- You may print copies of any accessible portion or portions of I-Site for your personal use.
- You may not remove, alter, or cause to be removed or altered, any copyright, trademark or other proprietary notice or legend contained on (or printed from) I-Site.
- Carpenters, nyccbf.com and other names and indicia of Carpenters are or comprise trade names, trademarks or service marks exclusively owned by Carpenters. Other product and company names appearing on the Site may be trademarks of their respective owners.
3. There are various risks you assume in using I-Site. We make no guarantees, promises or assurances regarding I-Site or any Content.
- I-Site may not meet your specific needs.
- Some Content requires you to input data, and may not function effectively if you input inaccurate data. Information generated by the Content may vary based on the data that you input. If we have reason to believe any information you provide is not correct, current, or complete, we have the right to refuse, terminate, or suspend your access to I-Site or any of its resources.
- We make reasonable efforts to provide accurate Content on the Site. However, some Content and some of the assumptions, formulas, algorithms and other data that impact the Content may be inaccurate, outdated or otherwise inappropriate.
- Some Content and some of the data used in the Content come from third parties. We believe that these third parties are reliable but we are not responsible for any third party information.
- We make reasonable efforts to provide up-to-date, complete and accurate Content, but at times we may not promptly update or correct I-Site even if we are aware that it is inaccurate, outdated or otherwise inappropriate or incomplete. The Content should not be used or relied upon in place of any official reports, statements, or notices which we provide or which may be provided to you by third parties.
- We may change any portion of I-Site at any time without notice to you.
- NYCDCC FUNDS ARE NOT LIABLE FOR ANY DAMAGE OR INJURY CAUSED BY THESE OR OTHER RISKS.
4. We are not liable for any technological problems and any impact that they may have.
- All or any portion of I-Site may not be available and may not function properly at any time.
- We make reasonable efforts to avoid technological problems, but at any time I-Site may have and may cause technical problems such as viruses, Trojan horses, worms, time bombs and other damaging computer programming routines or engines.
- We take reasonable security precautions when using the Internet, telephone or other means to transport data or other communications, but we disclaim liability for any interception of data or communications.
- We make reasonable efforts to ensure that I-Site is secure but we cannot guarantee the security of the Site.
- We are not liable for any damage or injury caused by the performance or failure of performance of all or any portion of I-Site.
5. You have various responsibilities when using I-Site.
- You represent and warrant that: – you have full authority and all rights necessary to enter into and fully perform all of your obligations pursuant to this User Agreement; – you have not and you will not enter into any agreement or perform any act which might contravene the purposes and/or effects of this User Agreement; and – you will not delete or modify, or attempt to delete or modify, any Content on the Site except information which you are permitted to input.
- You are prohibited from using any service, tool, or facility to compromise security or tamper with system resources or accounts. If you become involved in any violation or attempted violation of system security, we reserve the right to release your identity to assist others in resolving security incidents.
- YOU AGREE THAT WE ARE NOT LIABLE FOR ANY ACTION YOU TAKE OR ANY DECISION YOU MAKE IN RELIANCE ON ANY CONTENT.
- You may not input any information to I-Site that:
- is deliberately false or inaccurate;
- you do not have the right to input;
- does not pertain directly to I-Site; or
- misrepresents you or your relationship to any other person or entity.
6. If we provide you with a password, you must keep it confidential.
- You will receive a password to access certain restricted areas of I-Site. This password is for your individual use.
- You are solely responsible for maintaining the confidentiality and security of your password. You may not disclose your password to any third party.
- You accept full responsibility for any use of your password.
- You must notify NYCDCC Funds immediately of any actual or suspected loss, theft or unauthorized use of your password or of your account.
- We are not obligated to inquire as to the authority or propriety of any use of or action taken under your password. We will not be responsible for any loss to you that arises from such use or action or from your failure to comply with these provisions. However, we may, at our discretion, monitor your password use and require you to change it.
7. We are not responsible for information on any third party web site that is accessible from or is connected by hyperlink to I-Site.
- If you access any third party web site through I-Site or otherwise, or access I-Site through any third party website, you do so at your own risk. We do not review linked website and we are not responsible for their content.
- Hyperlinks to or from I-Site do not constitute endorsement, sponsorship or affiliation of, with or by us.
8. We have the right to monitor and record activity on I-Site and respond as we deem appropriate.
- We may monitor and record activity on I-Site for any reason or for no reason. Notwithstanding the foregoing, you remain solely responsible for any information that you input.
- We may investigate any complaint or reported violation of our policies, or any law or regulation.
- We may report any activity that we suspect may violate any law or regulation to, and cooperate with, any regulators, law enforcement officials or other persons or entities that we deem appropriate.
- We may issue warnings, suspend or terminate use of I-Site, deny access to all or part of I-Site or take any other action that we deem appropriate.
- BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS NYCDCC FUNDS AND THEIR TRUSTEES, AFFILIATES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS AND THIRD PARTY SOURCES FROM ANY CLAIM RESULTING FROM ANY ACTIONS TAKEN PURSUANT TO THIS PARAGRAPH.
9. We do not give individualized investment recommendations or accounting, tax or legal advice on or through the Site.
- All Content is for informational purposes only.
- NYCDCC Funds does not provide accounting, tax, investment, or legal advice and our employees are not authorized to give such advice. You should consult with your own advisors, accountants or attorneys regarding your individual circumstances and needs.
10. WE DISCLAIM ALL WARRANTIES WITH RESPECT TO I-SITE AND THE CONTENT THAT THE LAW ALLOWS US TO DISCLAIM.
- I-SITE AND THE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
- WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO I-SITE AND THE CONTENT INCLUDING WARRANTIES OF – MERCHANTABILITY, – FITNESS FOR A PARTICULAR PURPOSE AND – NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS.
- WITHOUT LIMITING OUR GENERAL DISCLAIMER, WE DO NOT WARRANT THE AVAILABILITY, ACCURACY, COMPLETENESS, TIMELINESS, FUNCTIONALITY, RELIABILITY, SEQUENCING OR SPEED OF DELIVERY OF THE SITE OR THE CONTENT, OR THAT I-SITE OR ITS ASSOCIATED SERVER(S) IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
11. OUR LIABILITY WITH RESPECT TO I-SITE AND THE CONTENT IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
- OUR LIABILITY IS LIMITED EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THE DAMAGES THAT YOU SUFFER OR IF ANY REMEDY YOU DO HAVE FAILS OF ITS ESSENTIAL PURPOSE.
- UNDER ALL CIRCUMSTANCES, THE MAXIMUM LIABILITY OF NYCDCC Funds, THEIR TRUSTEES, AGENTS AND EMPLOYEES TO ANY USER OF I-SITE WITH RESPECT TO THE SITE AND THE CONTENT IS $100.
- THIS DISCLAIMER OF LIABILITY APPLIES TO ANY AND ALL DAMAGES OR INJURY, INCLUDING THOSE CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY ASSET, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION.
- THE TERMS OF THIS USER AGREEMENT ARE NOT INTENDED TO CONFLICT WITH OR SUPERCEDE THOSE OF THE PLANS AND/OR TRUST AGREEMENTS OR ANY OTHER AGREEMENT BETWEEN YOU AND NYCDCC FUNDS. THIS USER AGREEMENT SHALL RUN CONCURRENTLY WITH ANY SUCH OTHER AGREEMENTS WITH RESPECT TO THE SUBJECT MATTER CONTAINED IN EACH.
12. You will be responsible for any liability we have that arises out of your breach of this User Agreement or your use of I-Site.
- You agree to indemnify, defend and hold harmless NYCDCC Funds and their trustees, affiliates, agents, officers, directors, employees, contractors and third party sources from and against any and all suits, losses, claims, demands, liabilities, damages, costs and expenses (including reasonable attorneys’ fees) that arise from or relate to your use or misuse of I-Site or any information obtained therefrom, – your breach of this User Agreement or any representation, warranty or covenant made by you in this User Agreement, or – your violation of any applicable law, statute, ordinance, regulation or of any third party’s rights.
- NYCDCC Funds have the right but not the obligation to participate in any defense or settlement, using counsel of its choice. If NYCDCC Funds choose to participate, each party must pay for its own attorneys’ fees. This obligation survives the termination of this User Agreement.
13. This User Agreement is Governed by the Substantive Provisions of New York State Law.
- This User Agreement will be deemed to have been made in the State of New York.
- This User Agreement will be construed in accordance with the laws of the State of New York without giving effect to conflicts of law principles.
- You specifically consent to personal jurisdiction in New York in connection with any dispute between you and NYCDCC Funds concerning or arising from this User Agreement.
14. You will be bound by revised versions of this User Agreement that we post on I-Site or send to you.
- We will post the most current version of the User Agreement on I-Site. We may also provide written notice to you through electronic or postal mail.
- The modifications will be effective immediately upon posting unless we indicate otherwise.
15. You are bound by certain other general conditions.
- If any provision of this User Agreement is found invalid or unenforceable, that provision shall be enforced to the maximum extent possible and the remaining provisions of the User Agreement shall remain in full force and effect.
Last updated: November 8, 2013
© 2013 NYCDCC Funds