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Disclaimer
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
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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
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