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Terms of Use for ilajax.com Web Site

Welcome to this web site (the “Site”). The Site is operated by the Jacksonville Maritime Association/International Longshoremen’s Fund Office (the “Fund Office”) for and on behalf of the Joint Board of Trustees (the “Trustees”) representing the Jacksonville Maritime Association/International Longshoremen’s Association Locals 1408 and 1593 (“JMA/ILA”), who sponsor the Jacksonville Maritime Association/International Longshoremen’s Association Pension Plan, Welfare Plan and Royalty Plan (the “Plans”). The Fund Office, Trustees, and the JMA/ILA may be referred to herein as the “JMA/ILA Association.” The Fund Office and the JMA/ILA Association may be referred to herein as “we” or “us.”

The purpose of the Site is to make it easier for participants and beneficiaries of the Plans to obtain general information about JMA-ILA and the Plans.

Acceptance of Terms of Use.

Please read these terms and conditions (the “Terms of Use”) carefully. By using the Site, you agree to be bound by these Terms of Use, as well as to the Site privacy policy (the “Privacy Policy”). If you do not agree to be bound by these Terms of Use and the Privacy Policy, you must exit the Site now.

Territory and Eligibility.

The Site is hosted in the United States and is directed at individuals residing and located in the United States. You may only use this Site if you are located within the continental United States, Alaska, or Hawaii and are at least 18 years old.

Updated Documents.

Please note that the documents and information provided on this Site by us are provided for your convenience. Copies may be downloaded for your personal use but not for further publication or distribution. The plans, programs and policy information provided on the Site are governed by official plan documents and policies and procedures maintained at the Fund Office. The documents and information provided on the Site may not be the most up to date and may contain inaccuracies or deficiencies. If there is any conflict between the documents and information provided on the Site and the official plan documents and administrative procedures, the official plan documents and official procedures shall govern. Members of the Plans may contact their plan administrator at the Fund Office at 920 A. Philip Randolf Blvd. Jacksonville, Florida 32206 for the most current information and documents.

No promise of benefits or eligibility.

This Site is for information purposes only. It does not constitute, and the information and documents contained on the Site do not constitute, an offer or promise of benefits.

Privacy.

Your privacy is very important to us so please review carefully the Privacy Policy, which is incorporated by reference.

Nothing in these Terms of Use or the Privacy Policy shall be construed to permit or require us to violate the law, including with respect to our obligations under the Health Insurance Portability and Accountability Act of 1996 to take reasonable precautions to safeguard the privacy of personally identifiable health information as defined therein.

Proprietary Rights.

As between you and us, we and our licensors own all right, title and interest in and to the Site, its content, code, compilation copyright, and graphic appearance, and all intellectual property and proprietary rights therein. Your use of the Site does not grant to you ownership of any content, code, data or materials that you may access on the Site, nor any right to copy or download any portion of the Site or its content. The Site is only for your personal use and not for any other use or any commercial use. Unless further expressly restricted on the Site, you are permitted to copy documents and to print out information provided on the Site for your personal use only, and not for further copying, distribution or publication. \

Site Copyright © 2010 Joint Board of Trustees of the Jacksonville Maritime Association/International Longshoremen’s Association Locals 1408 and 1593. All Rights Reserved.

User Names and Passwords.

From time to time, and for access to certain portions or functions of the Site, you may be required to create a user name and/or password. Indeed, certain portions of the Site may be restricted to participants in the Plans. If information is requested from you in connection with obtaining access to this Site parts thereof, and you provide it, you agree to provide accurate, complete and current information and use reasonable efforts to keep that information updated. You must also keep your user name and password confidential and may only use them yourself and may not allow others to access or use the Site using them. You are responsible for any use of your user name and password. If you believe that your user name or password has been used without your permission, or if you believe that the security of your user name or password has been compromised, please contact the Fund Office as soon as possible at info@ilajax.com or by calling (904) 354-7258 to notify us of your concerns and to secure a new user name and password.

Third Party Links.

From time to time, the Site may contain links to other web sites operated by third parties. These links are included for your convenience and information only, and we are not responsible for the information, systems, or content contained on those sites, nor do we necessarily endorse those sites. Linking to this Site other than to the home page is not permitted, and linking to this Site from any site that is operating unlawfully, that contains unlawful material or is violating the rights of others, is not permitted. We reserve the right to require that any link to the Site be discontinued and you agree to terminate any such link obtained or arranged by you promptly upon our request.

Additional Terms.

As you use the Site, including with respect to particular functions or access to certain information, you may come upon additional requirements, conditions and terms applicable to your use of that portion or function of the Site. These additional requirements, conditions and terms are incorporated into these Terms of Use and form a part hereof. They are important for you to read and if you do not agree to abide by them, you must not use that portion or function of the Site governed by those additional requirements, conditions and terms.

Your use; monitoring your use.

You must use this Site in conformance with these Terms of Use, in compliance with all applicable laws, rules and regulations, and without violating the rights of others or endangering them or their property. You agree not to use or abuse the Site, including so as to damage, disable, overburden or impair it or its operations, or so as to interfere with others’ lawful use of the Site. You agree not to obtain or attempt to obtain any materials or information not intentionally made publicly available or provided for through the Site. We reserve the right, but have no obligation, to monitor your use of the Site.

Electronic Communications.

By using the Site, you are consenting to receive communications from us about the Site and your use thereof electronically and are agreeing that we may send you communications regarding the Site and your use thereof via email, by posting notices on the Site, and, also, by regular means of communication, including, for example, via U.S. postal mail. You agree that with respect to your use of the Site, all agreements, disclosures, notices and other communications that we provide to you electronically regarding your use of the Site satisfy any legal requirement that such communication be in writing.

Disclaimers.

BY USING THIS SITE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SITE, ITS CONTENTS AND OPERATIONS AND THE SERVICES PROVIDED THROUGH THE SITE ARE PROVIDED “AS IS” WITH ALL FAULTS AND ON AN “AS AVAILABLE” BASIS. WE DO NOT WARRANT THAT THE SITE, ITS CONTENTS, OPERATIONS AND THE SERVICES PROVIDED THROUGH THE SITE ARE OR WILL BE FREE FROM INACCURACIES, TYPOS, BUGS, DEFECTS, OR ERRORS, VIRUSES, HARMFUL COMPONENTS OR BE ACCESSIBLE WITHOUT INTERRUPTION OR THAT ANY SUCH INACCURACIES, TYPOS, BUGS, DEFECTS, ERRORS, VIRUSES, OR HARMFUL COMPONENTS OR INACCESSIBILITY WILL BE CORRECTED.

WE HEREBY EXPRESSLY DISCLAIM ANY WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES, WITH RESPECT TO THE SITE, ITS CONTENTS, OPERATIONS AND SERVICES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUALITY, ACCURACY, USEFULNESS, TIMELINESS OR COMPLETENESS.

Limitations of Liability.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE, THE TRUSTEES, THE PLANS OR JMA-ILA (AND ANY OF OUR RESPECTIVE DIRECTORS, OFFICERS, TRUSTEES, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS OR ASSIGNS) BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OR LOST PROFITS ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF (OR INABILITY TO USE) THIS SITE, OR ANY INFORMATION, DOCUMENTS OR SERVICES PROVIDED ON, IN OR THROUGH THE SITE, EVEN IF WE OR THEY HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF, AND INCLUDING, WITHOUT LIMITATION, CLAIMS ARISING FROM OUR OR THEIR NEGLIGENCE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES OR LIABILITY AND THE ABOVE LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.

Compliance with Laws.

If you become aware of or suspect fraudulent or unlawful activity, or any other activity that threatens the security of the Site, its contents or operations, or the safety of its users, please report the activity to the Fund Office by contacting us at info@ilajax.com or by calling the Fund Office at (904) 354-7258. We reserve the right but not the obligation to pursue actions against any such wrongdoers.

We also reserve the right to report to local, national and international law enforcement agencies any abuse of this Site and violations of these Terms of Use, including, without limitation, those that may compromise your safety or that of other users of the Site. Nothing in these Terms of Use shall prohibit or restrict our ability to comply with any applicable laws, law enforcement requests, subpoenas, legal requirements and legal reporting obligations relating to use of the Site or its information.

No third party beneficiary.

Nothing in these Terms of Use shall be construed to establish a basis for claims against any of us (or any of our respective directors, officers, trustees, employees, agents, affiliates, successors or assigns) by third parties asserting status as a third party beneficiary.

Indemnification.

You hereby agree to indemnify and hold us and the Plans, and each of our directors, officers, trustees, employees, agents, affiliates, successors and assigns (together the “Indemnified Parties”) harmless against any claims, loss, liability or costs, including reasonable attorney’s fees, that we or they incur arising out of your use of the Site or your violation of these Terms of Use. We shall have the right to defend and settle any third party claim against any of the Indemnified Parties with counsel of our own selection. You agree to cooperate as fully as reasonably possible in the defense thereof.

Governing Law.

This Agreement shall be governed by the laws of the State of Florida, without application of its conflicts of laws principles. In the event of a dispute between you and any of the Indemnified Parties arising out of the Site, its use or these Terms of Use, such dispute shall be brought solely in the state or federal courts located in Duval County, Florida having jurisdiction thereof (and their appellate courts), and you and we each waive any objection thereto based on inconvenient forum and do hereby consent to the personal jurisdiction thereof.

No Waiver.

Failure to act with respect to a failure to comply with these Terms of Use will not constitute a waiver of our or your right to act with respect to a subsequent and/or similar breach.

Invalidity.

If any provision of these Terms of Use is held to be invalid or enforceable, such provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall remain in effect.

Changes to the Site.

We reserve the right to change the Site, its content and functions, in whole or in part, at any time, without notice to you.

Termination.

We reserve and have the right, at any time in our discretion, to stop operating the Site, or any portion thereof, and also reserve the right, at any time in our discretion, without liability or notice to you, to terminate or suspend your access to the Site. Termination of the Site or portions thereof, and/or termination of your access to it, shall not affect your obligations with respect to your prior use and activity on or relating to the Site. You may choose at any time not to further use the Site.

Assignment.

We may assign our rights and obligations under these Terms of Use and assign and license our ownership of the Site. Your rights hereunder, including to access the Site and to your user name and password, are personal to you and are not assignable.

Changes to these Terms of Use.

We may modify these Terms of Use at any time, and shall post the effective date of the revised version of these Terms of Use below. With respect to any material change in these Terms of Use, we shall post for thirty days after the change a notice on the home page of the Site notifying users that the Terms of Use has been changed. Your continued use of the Site after the effective date of such change will constitute your agreement to such change.

Questions or Concerns.

If you have any questions or concerns about these Terms of Use or the Site, please contact us at info@ilajax.com or (904) 354-7258 with your questions and concerns.

Effective Date: February __, 2010

Privacy Policy for ilajax.com Web Site

This privacy policy (the “Privacy Policy”) governs the collection and use of information gathered from or about you when you use this web site (the “Site”). The Privacy Policy is intended to identify for you the nature of information that may be collected from you as you use the Site and the way such information may be used and disclosed by us and our service providers assisting us in the operation of the Site and its services.

The Site is operated by the Jacksonville Maritime Association/International Longshoremen’s Fund Office (the “Fund Office”) for and on behalf of the Joint Board of Trustees (the “Trustees”) representing the Jacksonville Maritime Association/International Longshoremen’s Association Locals 1408 and 1593 (“JMA/ILA”), who sponsor the Jacksonville Maritime Association/International Longshoremen’s Association Pension Plan, Welfare Plan and Royalty Plan (the “Plans”). The Fund Office, Trustees, and the JMA/ILA may be referred to herein as the “JMA/ILA Association.” The Fund Office and the JMA/ILA Association may be referred to herein as “we” or “us.”

Use of the Site constitutes your agreement to this Privacy Policy and the Site’s Terms of Use, of which this Privacy Policy is a part. Please review this Privacy Policy and the Terms of Use carefully.

Types of Information Collected.

(a) Personally Identifiable Information. This is primarily an informational Site, and thus you may browse most of the Site without providing any information about yourself by which you might be identified. Information gathered from or about you as you use this Site by which you may be identified is referred to herein as “Personally Identifiable Information.” There may be instances where you may decide to provide to us Personally Identifiable Information. For example, if we require that you secure a user name and password in order to access certain portions of the Site, and you choose to access that portion of the Site, you will be asked to provide information by which you may be identified, such as your name, address, email address, contact information, and to select a user name and password. If the user name and password are to give you access to portions of the Site that are restricted to participants or beneficiaries of the Plans, for example, then we will ask you for information reasonably sufficient for us to confirm that you are indeed such a participant or beneficiary, for example (such as your name, address, telephone number and last four digits of your social security number). You may also provide us with Personally Identifiable Information, such as your email address, a telephone number and/or your contact information when you communicate with us through the email addresses provided on the Site for use in communicating with us. We expect that you may have questions about the Site and its operations, and we will answer such questions as soon as possible.

However, to discuss confidential and/or sensitive issues with us, such as the status of your particular Plans account or your options as a participant or beneficiary of the Plans, or other matters not pertinent to the Site or its operations, please contact the Fund Office in person, by U.S. mail or by calling (904) 354-7258, for assistance in identifying the appropriate contact person to address your concerns, as such communications with us are not intended to be handled through the Site and not intended to be covered by this Privacy Policy.

(b) Cookies. “Cookies” is a term used for technology that stores useful information about visitors or their computer when they visit a site. We may use cookies to capture and compile statistical information about the way in which the Site is used by Site users, but this information is not stored or captured in a way by which you may be identified. You may be able to set your browser to disable some or all cookies or to notify you when a cookie is set.

Use of Information Collected.

We will use and disclose your Personally Identifiable Information only as follows:

(a) To Comply with Your Requests. We may use and disclose to others your Personally Identifiable Information to the extent reasonably necessary to provide you with the information and services you request.
(i) For example, if you contact us via email and ask us for information about the Site or the JMA-ILA, for example, we will use and disclose (for example, among ourselves and to our service providers helping us with information requests), your name and either email or street address in order to provide you with the information.
(ii) Similarly, if you contact us for help using the Site, we may use your Personally Identifiable Information to respond to you, or to have our Site service providers (those helping us operate the Site and/or provide customer service on the Site) contact you.
(iii) Also, from time to time, we may provide a mechanism through which you can request updates and information be sent to you about JMA-ILA benefits, issues, opportunities and developments (“Updates and Newsletters”) and a mechanism to thereafter decline receipt of such Updates and Newsletters. If you sign up for such Updates and Newsletters, we (or our service providers assisting us) will send you those Updates and Newsletters using the contact information you provided to us for that purpose, and if you thereafter decline to receive those Updates and Newsletter, we will, within a reasonable period of time after we receive your request, cease use of your information for such purpose.

(b) To Operate and Improve Our Site. We may use your information, including your Personally Identifiable Information, to help improve the operation of our Site, such as to diagnose problems with our server, to administer our Site, and to communicate with you with respect to your use of the Site, including to verify your identity when accessing the Site or in connection with a lost password or similar technical issue requiring that we endeavor to confirm that it is you contacting us and not someone else using or attempting to use or acquire your information.

(c) To Our Successors and Assigns. In the event ownership or control of JMA-ILA changes, or JMA-ILA mergers with another entity or entities, we may also share your information, including your Personally Identifiable Information, with and transfer it and our rights in it to any successor or assign of JMA-ILA, which resulting successor or assign would have the right to use and disclose your information as we did, and would be obligated to protect and not to use your information in the same manner as we were obligated, subject to applicable law.

(d) Aggregation of Information. We may aggregate your information with the information of others so that you cannot reasonably be identified and we may use and disclose such de-identified (statistical) information for any purpose.

(e) Compliance with Law and Safety. In addition, we may use and disclose information that we have gathered from you or that you have provided to us: (i) if we believe that any law or regulation requires us to do so, (ii) to respond to a subpoena or governmental request; (iii) as we deem it advisable or necessary to protect our safety, rights or property, or that of our directors, officers, trustees, employees, agents, affiliates, other users of this Site, or others; (iv) to respond to a possible violation of this Privacy Policy, the Terms of Use, any law or regulation; and/or (v) to enforce this Privacy Policy and/or our Terms of Use.

No Third Party Marketing Uses.

We will not disclose your Personally Identifiable Information to third parties for the purpose of allowing them to market goods or services to you.

Updates and Corrections.

If you have corrections or updates to the Personally Identifiable Information (such as your address or your email address or any information tied to your user name and password) that you have provided to us, please keep your information accurate by contacting us at info@ilajax.com to provide us with updated information. Please include the information that you are updating or correcting (both old and new) so that we can more easily locate your old information and update or correct it properly. Also include a telephone number and email address where we can reach you if we have further questions, including for verification.

As a reminder, you should not provide sensitive or confidential information (or other information not relevant to your use of the Site or its operations) to us through the email addresses provided through the Site. To discuss confidential and/or sensitive or other such issues, such as the status of your particular Plans account or your options as a participant or beneficiary of the Plans, please contact the Fund Office in person, by U.S. mail or by calling (904) 354-7258, for assistance in identifying the appropriate contact person to address your concerns, as such communications with us are not intended to be handled through this Site nor intended to be covered by this Privacy Policy.

Access to your Personally Identifiable Information.

In the event you wish to determine the nature of the Personally Identifiable Information we maintain that we have collected from you through this Site, if any, please contact us at info@ilajax.com and provide us with your name, address, telephone number and email address so that we can locate your information, and in your message please explain the nature of your request.

Users of the Site.

The Site is not directed at children and is intended for use by adults of at least 18 years of age. Children under 13 years old are prohibited from using the Site and from providing us with any information. This Site is directed at and intended to be used only by users within the continental United States, Alaska and Hawaii. Users from other locations who use this Site are consenting to the use and disclosure of their information in accordance with this Privacy Policy.

Securing Your Information.

We will use reasonable precautions to keep the information about you that we have gathered through the Site protected from unauthorized use or access, including those required by law. However, except as the law provides otherwise, we are not responsible for any breach of security or for any actions of any third parties that may receive the information.

Use Caution When Visiting Other Sites.

Our Site may from time to time include links to other sites. Those sites may have different privacy policies. When traveling to other sites, please take the time to check the applicable privacy policy of that site before you submit any personal information. Such policies are usually posted on the site or available through clearly posted links.

Other Sources of Information About You.

Please note that this Privacy Policy applies only to information provided by or gathered from you through your use of this Site. It does not apply to information we receive from or about you through other means or methods. Nothing in this Privacy Policy allows or entitles us to violate the law or our obligations under the Health Insurance Portability and Accountability Act of 1996, including to take reasonable precautions to safeguard the privacy of personally identifiable health information as defined therein.

Updates to Our Privacy Policy.

We reserve the right to change this Privacy Policy at any time in our discretion. Changes will apply to information about you that we have already gathered from you under this Privacy Policy and to information we thereafter gather from you through your subsequent use of this Site. With respect to changes in this Privacy Policy which affect the use or disclosure of Personally Identifiable Information we have already gathered from you prior to the effective date of the change, we will not materially change the Privacy Policy to make it less protective of your Personally Identifiable Information collected in the past, without sending you a notice to your last known email address (provided that you have given it to us) notifying you of the changes and of the opportunity to opt out of such changes within thirty (30) days from issuance of the notice. Also, we will post at the end of this Privacy Policy a summary of any material changes, such as changes that give us broader rights to use or disclose your information for marketing purposes, that we make in the Privacy Policy and the effective date of such change. Your continued use of the Site after the effective date of any change, constitutes your consent to the change.

Questions.

If you have questions about the operation of this Site or other matters, please contact us at info@ilajax.com or by calling (904) 354-7258.

Effective Date: February __, 2010