Last Modified: October 2, 2020
Acceptance of
the Terms of Use
These terms of use
are entered into by and between You and International Brotherhood of Boilermakers
Employee Health Care Plan (the Plan").
The following terms and conditions, together with any documents they expressly
incorporate by reference (collectively, "Terms of Use"),
govern your access to and use of http://www.IBBEHC.com, including any content,
functionality and services offered on or through http://www.IBBEHC.com (the
"Website"), whether as a guest or a
registered user.
Please
read the Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree
to be bound and abide by these Terms of Use. If you do not want to agree to
these Terms of Use, you must not access or use the Website.
This
Website is offered and available to users who are 18 years of age or older. By
using this Website, you represent and warrant that you meet all of the
foregoing eligibility requirements. If you do not meet all of these
requirements, you must not access or use the Website.
By agreeing to
these Terms Of Use, you consent to the Plan, sharing your contact information
with Programs that may be contracted by the Plan.
Changes to the Terms of Use
The Plan may
revise and update these Terms of Use from time to time in its sole discretion.
All changes are effective immediately when posted, and apply to all access to
and use of the Website thereafter.
Your continued use
of the Website following the posting of revised Terms of Use means that you
accept and agree to the changes. You are expected to check this page from time
to time so you are aware of any changes, as they are binding on you.
Accessing the Website and Account Security
The Plan reserves
the right to withdraw or amend this Website, and any service or material
provided on the Website, in its sole discretion without notice. The Plan will
not be liable if for any reason all or any part of the Website is unavailable
at any time or for any period. From time to time, the Plan may restrict access
to some parts of the Website, or the entire Website, to users, including
registered users.
You are
responsible for both:
·
Making all
arrangements necessary for you to have access to the Website.
·
Ensuring that all
persons who access the Website through your internet connection are aware of
these Terms of Use and comply with them.
To access the
Website or some of the resources it offers, you may be asked to provide certain
registration details or other information. It is a condition of your use of the
Website that all the information you provide on the Website is correct, current
and complete. You agree that all information you provide to register with this
Website or otherwise, is these Terms of Use, and you consent to all actions the
Plan takes with respect to your information consistent with these Terms of Use.
If
you choose, or are provided with, a user name, password or any other piece of
information as part of the Plans security procedures, you must treat such
information as confidential, and you must not disclose it to any other person
or entity. You also acknowledge that your account is personal to you and agree
not to provide any other person with access to this Website or portions of it
using your user name, password or other security information. You agree to
notify the Plan immediately of any unauthorized access to or use of your user
name or password or any other breach of security. You also agree to ensure that
you exit from your account at the end of each session. You should use
particular caution when accessing your account from a public or shared computer
so that others are not able to view or record your password or other personal
information.
The Plan has the
right to disable any user name, password or other identifier, whether chosen by
you or provided by the Plan, at any time in its sole discretion for any or no
reason, including if, in its opinion, you have violated any provision of these
Terms of Use.
Prohibited Uses
You may use the
Website only for lawful purposes and in accordance with these Terms of Use. You
agree not to: (1) use the Website in any manner that could disable, overburden,
damage, or impair the site or interfere with any other party's use of the
Website, including their ability to engage in real time activities through the
Website; (2) use any robot, spider or other automatic device, process or means
to access the Website for any purpose, including monitoring or copying any of
the material on the Website; (3) use any manual process to monitor or copy any
of the material on the Website, or for any other purpose not expressly authorized
in these Terms of Use, without our prior written consent; (4) use any device,
software or routine that interferes with the proper working of the Website; (5)
introduce any viruses, trojan horses, worms, logic bombs or other material
which is malicious or technologically harmful; (6) attempt to gain unauthorized
access to, interfere with, damage or disrupt any parts of the Website, the
server on which the Website is stored, or any server, computer or database
connected to the Website; (7) attack the Website via a denial-of-service attack
or a distributed denial-of-service attack; or, (8) otherwise
attempt to interfere with the proper working of the Website.
Monitoring and Enforcement; Termination
The Plan has the
right to: (1) take appropriate legal action, including without limitation,
referral to law enforcement, for any illegal or unauthorized use of the
Website; and, (2) terminate or suspend your access to all or part of the
Website for any or no reason, including without limitation, any violation of
these Terms of Use.
Reliance on
Information Posted
The information
presented on or through the Website is made available solely for general
information purposes. It is not intended to, and does not, provide you with
specific financial, legal, or medical advice. The benefits provided by the Plan
are governed by specific provisions of the Plan Documents and a number of
statutes and regulations, all of which are complex and subject to change. While
the Plan will attempt to keep the information contained on this website as
current and accurate as possible, such information, and the sources of
information, are subject to change at any time. In the event of any
inconsistency between the Plan Documents and this website, the Plan Documents shall
take precedence. Therefore, the Plan does not warrant the accuracy,
completeness or usefulness of this information. Any reliance you place on such
information is strictly at your own risk. The Plan disclaims all liability and
responsibility arising from any reliance placed on such materials by you or any
other visitor to the Website, or by anyone who may be informed of any of its
contents.
Prior to
making any decision regarding your benefits, you should contact the Fund Office
at (816) 777-2645 or (855) 296-2645. You may also wish to consider obtaining
independent medical, financial, and legal advice.
This Website may
include content provided by third parties, including service providers to the
Plan. All statements and/or opinions expressed in these materials, are solely
the opinions and the responsibility of the person or entity providing those
materials. These materials do not necessarily reflect the opinion of the Plan. The
Plan is not responsible, or liable to you or any third party, for the content
or accuracy of any materials provided by any third parties.
Sending
Information to the Plan
Communication by
email over the Internet and other publicly accessible networks is not secure.
Any information that you send by email may be lost, intercepted or altered
while it is being transmitted.
If you choose to send information to the Plan by email or
over the Internet, you do so at your own risk. The Plan does not assume any
liability for any damages you may experience, or costs you may incur, as a
result of sending information by email or, should you request it, as a result
of the Plan sending information to you by email. This includes any such email
that may contain your personal or confidential information.
Changes to the Website
The Plan may
update the content on this Website from time to time, but its content is not
necessarily complete or up-to-date. Any of the material on the Website may be
out of date at any given time, and the Plan is under no obligation to update
such material.
Privacy
Policy; Information About You and Your Visits to the Website
No personal information, beyond that which is necessary to register for
this Website, is collected from visitors to this Website. The Plan does,
however, gather and analyze certain information of a non-personal nature
regarding site usage from all visitors to this website. Such data is used in an
aggregate form to assist the Plan in determining general usage patterns and to
improve the layout and functionality of this website. Such site usage and
statistical information may be disclosed to third parties at the Plans sole
discretion.
Links from the Website
If the Website
contains links to other sites and resources provided by third parties, these
links are provided for your convenience only. The Plan has no control over the
contents of those sites or resources, and accepts no responsibility for them or
for any loss or damage that may arise from your use of them. If you decide to
access any of the third party websites linked to this Website, you do so
entirely at your own risk and subject to the terms and conditions of use for
such websites.
Disclaimer of Warranties
You understand that the Plan cannot and does not
guarantee or warrant that files available for downloading from the internet or
the Website will be free of viruses or other destructive code. You are
responsible for implementing sufficient procedures and checkpoints to satisfy
your particular requirements for anti-virus protection and accuracy of data
input and output, and for maintaining a means external to the Website for any
reconstruction of any lost data. THE PLAN WILL NOT BE LIABLE FOR ANY LOSS OR
DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER
TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT,
COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE
WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR
DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES
OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS
CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON
AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES
OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE PLAN NOR ANY PERSON
ASSOCIATED WITH THE PLAN MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO
THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF
THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE PLAN NOR ANYONE
ASSOCIATED WITH THE PLAN REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR
ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE,
ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE
OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE
WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE PLAN HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED
TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR
PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH
CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT
WILL THE PLAN, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES,
AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY
LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO
USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH
OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH
OTHER WEBSITES, ANY INFORMATION YOU SEND TO THE PLAN THROUGH THIS WEBSITE OR
EMAIL OR REQUEST THAT THE PLAN SEND YOU VIA EMAIL, INCLUDING ANY DIRECT,
INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT
NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS
OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF
USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING
NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH
CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Governing Law
and Jurisdiction
All matters
relating to the Website and these Terms of Use, and any dispute or claim
arising therefrom or related thereto (in each case, including non-contractual
disputes or claims), shall be governed by and construed in accordance with the
internal laws of the State of Kansas, and where applicable Federal Law, without
giving effect to any choice or conflict of law provision or rule (whether of
the State of Kansas or any other jurisdiction).
Any legal suit,
action or proceeding arising out of, or related to, these Terms of Use or the
Website shall be instituted exclusively in the federal courts of the United
States or the courts of the State of Kansas although we retain the right to
bring any suit, action or proceeding against you for breach of these Terms of
Use in your country of residence or any other relevant country. You waive any
and all objections to the exercise of jurisdiction over you by such courts and
to venue in such courts.
Waiver and Severability
No waiver by the Plan
of any term or condition set forth in these Terms of Use shall be deemed a
further or continuing waiver of such term or condition or a waiver of any other
term or condition, and any failure of the Plan to assert a right or provision
under these Terms of Use shall not constitute a waiver of such right or
provision.
If any provision
of these Terms of Use is held by a court or other tribunal of competent
jurisdiction to be invalid, illegal or unenforceable for any reason, such
provision shall be eliminated or limited to the minimum extent such that the
remaining provisions of the Terms of Use will continue in full force and
effect.
Copyright
All information
contained on this website is protected under the copyright laws of the United
States of America and other countries. Information on this website may be
copied for personal use only. Any reproduction of any information contained in
this website without the express written permission of the International
Brotherhood of Boilermakers Employee Health Care Plan is prohibited by law. Any
financial information, contained on this website is unofficial information and
should not be relied upon. The official versions of any financial reports are
available from the International Brotherhood of Boilermakers Employee Health
Care Plan.
Entire
Agreement
The Terms of Use, Privacy
Policy, and Plan Document constitute the sole and entire agreement between you
and the International Brotherhood of Boilermakers Employee Health Care Plan with
respect to the Website and supersede all prior and contemporaneous
understandings, agreements, representations and warranties, both written and
oral, with respect to the Website.
Your Comments and Concerns
This website is operated by International Brotherhood
of Boilermakers Employee Health Care Plan, P.O. Box 219042, Kansas City,
Missouri 64121.
All other feedback, comments, requests for technical
support and other communications relating to the Website should be directed to
the Fund Office at (816) 777-2645 or (855) 296-2645.