Welcome User! Thanks for using the products and services (“Services”) of the International Union of Operating Engineers Local 4 Funds. By using our Services, you agree to these terms and any additional terms that may apply to particular features or products, if you use those features or products.
Using our Services. You must follow any policies made available to you within the Services. Don’t misuse our Services. For example, don’t interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law and our terms and policies. We may suspend or stop your access to our Services if you do not comply with our terms or policies, or if we are investigating suspected misconduct. Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access, including branding or logos. Don’t remove, obscure, or alter any legal notices displayed in or along with our Services.
Our Services may display some content that is not ours. This content is the sole responsibility of the entity that makes it available. We may remove or refuse to display content if we determine it is illegal or violates our policies. But, that does not necessarily mean that we review all third-party content, so please don’t assume that we do. We may send you messages and information in connection with your use of Services. You may opt out of some of those communications.
Our Services do not include medical, financial, legal, tax, or investment advice or serve as a substitute for obtaining professional healthcare, legal, tax, or investment advice. Information provided about your participation in various benefit plans, such as estimates of your benefit under the International Union of Operating Engineers Local 4 Pension Fund or other related benefit plan, or the number of hours worked in Covered Employment, are estimates only, and should not be relied upon. Determinations as to your eligibility and benefits under any benefit plan are subject to review and the terms of the benefit plan. In the event of a conflict between content provided through our Services and the official benefit plan document, the terms of the official benefit plan document will control.
You may not use our Services for commercial purposes. You agree to hold harmless and indemnify us, and our officers, agents, and employees from any claim, suit or action arising from or related to your improper use of our Services or a violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
Your Account. You will need an Account to use some of our Services. You may create your own Account, or your Account may be assigned to you by an administrator. If you are using an Account assigned to you by an administrator, different or additional terms may apply and your administrator may be able to access or disable your account. To protect your Account, keep your password confidential. You are responsible for the activity that happens on or through your Account. If you learn of or suspect any unauthorized use of your password or Account, please call us immediately at 508-533-1400 x125. We may suspend access to our Services until the issue is resolved.
About Software in our Services. When a Service requires or includes downloadable software, this software may update automatically on your device once a new version or feature is available. Some Services may let you adjust your automatic update settings. We give you a personal worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by us, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless law prohibits those restrictions or you have our written permission. Some software used in our Services may be offered under an open source license that we will make available to you. There may be provisions in the open source license that expressly override some of these terms.
Modifying and Terminating our Services. We are constantly changing and improving our Services, which may impact your access to our Services. For example, our routine system updates and maintenance may delay or impede your access to our Services. We may also
add or remove functionalities or features, and we may at any time suspend or stop Services altogether. You can stop using our Services at any time, although we’ll be sorry to see you go.
Our Warranties and Disclaimers. We provide our Services using a commercially reasonable level of skill and care and we hope that you enjoy using them. But there are certain things that we don’t promise about our Services. OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, WE AND OUR SUPPLIERS MAKE NO SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES “AS IS”. SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
Liability for our Services. WHEN PERMITTED BY LAW, WE AND OUR SUPPLIERS WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES. TO THE EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY, AND THE TOTAL LIABILITY OF OUR SUPPLIERS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN). IN ALL CASES, WE AND OUR SUPPLIERS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
About these Terms. We may modify these terms or any additional terms that apply to our Services. You should look at the terms regularly. We’ll post notice of modifications to these terms on this page. Changes are effective upon posting. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service. If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict.
These terms control the relationship between us and you. They do not create any third party beneficiary rights. If you do not comply with these terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future). If it turns out that a particular term is not enforceable, this will not affect any other terms. The laws of New York, NY, excluding New York’s conflict of laws rules, will apply to any disputes arising out of or relating to these terms or our Services. All claims arising out of or relating to these terms or the Services will be litigated exclusively in the federal or state courts of Manhattan, New York, NY USA, and you consent to personal jurisdiction in those courts.