BY USING THE SITE, YOU SIGNIFY YOUR CONSENT TO ABIDE BY THESE TERMS IN THEIR ENTIRETY IN ADDITION TO ALL OTHER LAWS OR REGULATIONS THAT APPLY TO THE SITE, THE INTERNET AND THE WORLD WIDE WEB. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE THE SITE.
1. User Eligibility and Permitted Use of the Site. The Site is available worldwide and may be operated from various locations both within and outside the United States of America ("USA"). Use of the Site, however, may be prohibited or restricted in countries outside the United States. If you use the Site from outside the USA, you do so at your own risk and are responsible for complying with the laws and regulations of the territory from which you use the Site. It is your responsibility to comply with local, state, federal and international laws (including minimum age requirements) applicable to your use of the Site. The Site is considered to be a general audience site and is not intended for use by children. You may use the Site solely for your own personal informational purposes. You may not use the Site for any commercial purposes.
2. Changes to These Terms and Availability of the Site. We reserve the right, in our sole discretion, to modify these Terms at any time upon notice. We may provide notice of such modifications in any manner we chose in accordance with applicable law, including, but not limited to, by posting a notice of modifications on the Site. Your continued use of the Site following notice of modifications signifies your agreement to be bound by the modified Terms. We reserve the right, at any time and with or without prior notice to you, to change, suspend, or discontinue all or any aspect of the Site.
3. Submissions. The Site may provide functionality that will allow you, through your own email client, to send emails to us containing your feedback on the Site or questions you may have regarding the UPS/IBT Full-Time Employee Pension Plan ("Comments"). If you provide such Comments, you acknowledge that (i) the Comments will not be considered confidential or proprietary, (ii) we are under no obligation to keep such information confidential, and (iii) we will have an unrestricted, irrevocable, world-wide, royalty-free right to use, communicate, reproduce, publish, display, distribute, and exploit such Comments in any manner we choose.
4. Ownership and Prohibited Uses of Content. The Content is either the property of, or used with permission by, us. You may not (i) modify the Content in any way or reproduce or publicly display, perform, or distribute or otherwise use the Content for any public or commercial purpose or (ii) remove, obscure or otherwise modify proprietary notices appearing on any Content, including copyright, trademark and other intellectual property notices. The Content is protected by copyright, trademark and other laws and international treaty provisions and may not be used except as permitted in these Terms or with the prior written permission of the owner of such Content. Any unauthorized use by you of such Content may subject you to civil and criminal penalties. For the purposes of these Terms, "Content" means all content, including, without limitation, all text, trademarks, written material, images, look and feel, trade dress, and technical information appearing on or otherwise making-up the Site.
5. Prohibited Actions. While you are using the Site, you must comply with all applicable laws, rules and regulations and supply truthful and non-misleading information. For example, you may not: disguise the origin of any Comment; alter, modify, frame, or "mirror" any Content; create a deep-link to the Site by by-passing the Site's home page; use any data mining, robots, or similar data-gathering and extraction tools in connection with the Site; inhibit, disrupt, or otherwise prevent anyone from using or accessing the Site or interrupt any user's experience on the Site, including, but not limited to, acting in any manner that disrupts users' real-time exchanges; interfere with or disrupt the servers or network connections to the Site; disobey any requirements, procedures, policies or regulations of networks connected to the Site; modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site; or attempt to gain unauthorized access to the Site (or any portion thereof).
In addition to any remedies that we may have at law or in equity, if we reasonably determine that you have violated or are likely to violate these Terms and/or applicable law, we may take any action we deem reasonable to cure or prevent the violation, including without limitation, the immediate removal from the Site of any materials. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose any information we may have regarding any actual or alleged violation these Terms and/or applicable law.
7. Applicability of Additional or Different Terms and Conditions. In addition to these Terms, additional or different terms and conditions ("Other Terms") may apply in connection with certain types of Content or features. If applicable, these Other Terms will be set forth (i) where you are permitted to view/access such Content or features, or (ii) in a link adjacent to where you are permitted to view/access such Content or features. You shall carefully review all Other Terms, as applicable, before viewing/accessing such Content or features. These Other Terms are incorporated into and made a part of these Terms by reference. In the event Other Terms conflict with these Terms the Other Terms shall control with respect to the subject matter to which such Other Terms apply.
8. Disclaimer of Warranty. YOUR USE OF THE SITE AND CONTENT IS AT YOUR RISK. We take reasonable efforts to ensure that all Content is complete, accurate and current. Despite our efforts, however, Content may occasionally be inaccurate, incomplete or out of date. WE MAKE NO REPRESENTATION AS TO (i) THE COMPLETENESS, ACCURACY, RELIABILITY OR TIMELINESS OF ANY OF THE CONTENT, (ii) THE AVAILABILITY OF THE SITE AT ANY TIME, OR (iii) YOUR ABILITY TO ENJOY THE SITE WITHOUT INTERFERENCE. THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, IS PROVIDED "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE." AS TO THE SITE, TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, (A) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, (B) ANY WARRANY THAT THE SITE WILL BE TIMELY, SECURE OR ERROR FREE; (C) ANY WARRANTY THAT ANY ERRORS IN THE SITE, INCLUDING, WITHOUT LIMITATION ANY CONTENT, WILL BE CORRECTED; OR (D) ANY WARRANTY THAT THE SITE, INCLUDING, WITHOUT LIMITATION ANY CONTENT, IS APPROPRIATE OR AVAILABLE FOR USE IN ANY PARTICULAR LOCATION. ANY CONTENT DOWNLOADED, OR OTHERWISE OBTAINED BY USING THE SITE, SHALL BE SO OBTAINED AT YOUR OWN DISCRETION AND RISK. WE SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM OBTAINING ANY CONTENT FROM THE SITE.
9. LIMITATIONS OF LIABILITY. We do not assume any responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your use of the Site. IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SITE, ANY LINKED SITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED OR OFFERED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. IN THE EVENT OF ANY PROBLEM WITH THE SITE, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SITE.
10. Termination and Suspension. We reserve the right, at any time and with or without prior notice to you, to suspend or terminate your use of the Site for any or no reason. We shall not be liable to you or any third party for any of the foregoing. Sections 3, 4, 8-11 shall survive the expiration or termination of these Terms.
11. Other. To the fullest extent permitted by law, these Terms and any claim or dispute arising out of or relating to your use of the Site (other than a claim for benefits under the UPS/IBT Full-Time Employee Pension Plan), will be governed by and construed in accordance with the laws of the State of Georgia, without regard to its choice of law principles. Except as otherwise prohibited by law, any claim or dispute must be brought within one (1) year from the date the cause of action arises. Any claim or dispute arising out of or relating to your use of the Site, shall be subject to the exclusive jurisdiction of state or federal courts located in Fulton County, Georgia, and you hereby consent and submit to the personal jurisdiction of such courts. You may not use or export or re-export the materials at the Site or any copy or adaptation in violation of any applicable laws or regulations including without limitation United States export laws and regulations. If any provision of these Terms is held to be unlawful, void, or for any reason unenforceable, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions. Section headings in these Terms are for convenience only and have no legal or contractual effect. A printed version of these Terms shall be admissible in judicial and administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
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