Terms of Use

UBC HealthCare Trust Fund Website.

Consent and Acceptance:

The TERMS OF USE that follow (“Terms”) govern all visitors’, users’, and others’ (a User,”, “you” or “your”) use of this website, ubchealthcaretrust.com, of the UBC HealthCare Trust Fund (“Fund”). When you access this site, you acknowledge that you have read and agree to abide by the terms described below. You agree these terms to be the legal equivalent of a signed contract, equally binding and that you accept such terms. If you do not agree to these terms as described here, you are not granted permission to use the site and should exit now.

You may use the website only for lawful purposes and in accordance with these Terms. You agree not to (i) use the website in any way that violates any applicable federal, state, local or international law or regulation (including, but not limited to, any laws regarding the export of data or software to and from the U.S. or other countries), (ii) engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the website, or which, as determined by the Fund, may harm the Fund or Users of the website or expose them to liability, (iii) use the website in any manner that could disable, overburden, damage, or impair the website or interfere with any other party's use of the website, (iv) use any automatic device, process or means to access the website for any purpose, including monitoring or copying any of the material on the website, (v) use any manual process to monitor or copy any of the material on the website or for any other unauthorized purpose without the Fund’s prior written consent, (vi) use any device, software or routine that interferes with the proper working of the website, (vii) introduce any viruses, trojan horses, worms or other material that is malicious or technologically harmful, (viii) 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, or (ix) attack the website or otherwise attempt to interfere with the proper working of the website.

Website Content:

This Website contains information of a general and educational nature about your benefit plan and issues relating to your benefit plan. This website contains no medical, legal, tax, financial planning or any other form of professional advice. The Fund encourages you to make appropriate use of medical, legal, tax, and financial planning professionals in helping you to make prudent decisions regarding the use of your benefits.

Corrections and Changes:

You are responsible for regularly reviewing these Terms. The UBC HealthCare Trust Fund may make changes to these Terms and the content of this website at any time without notice and makes no commitment to update the information contained website, except as required by law. Your continued access or use of the website will imply your full acceptance of any changes to these Terms. The UBC HealthCare Trust Fund reserves the right to terminate your access to the site for any reason totally at our discretion.

Use of the Internet:

Use of the internet is solely at your own risk and subject to all applicable state, national and international laws, and regulations. The UBC HealthCare Trust Fund will not be liable for any loss resulting from a cause over which we do not have direct control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone, or other connection problems. The UBC HealthCare Trust Fund is also not liable for computer viruses, unauthorized access, theft, operator errors, weather related problems, natural disasters, labor problems or governmental restrictions.

Disclaimer

NEITHER THE FUND NOR ITS EMPLOYEES, OFFICERS, AFFILIATES, TRUSTEES, AGENTS OR ANY RELATED ENTITIES (COLLECTIVELY, "US," "WE" OR "OUR") WARRANT THAT ACCESS TO OR USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT DEFECTS IN THE WEBSITE WILL BE CORRECTED. THIS WEBSITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY WEBSITE-RELATED SERVICE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT AND TITLE/NON-INFRINGEMENT. WE SPECIFICALLY DISCLAIM ALL LIABILITY FROM ERRORS OR OMISSIONS IN, OR THE MISUSE OR MISINTERPRETATION OF, ANY INFORMATION OBTAINED THROUGH THE WEBSITE. WE DO NOT MAKE ANY REPRESENTATION OR WARRANTY REGARDING THE WEBSITE'S ACCURACY, COMPLETENESS, SECURITY, QUALITY OR RELIABILITY, INCLUDING WITH RESPECT TO THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED ON THIS WEBSITE.

IN NO EVENT WILL WE 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, 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.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS WEBSITE AND LINKED WEBSITES. WE DO NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF MALWARE OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE AND OF THE INTERNET.

Indemnification:

You agree to defend, indemnify, and hold harmless the UBC HealthCare Trust Fund and its Trustees, affiliates, employees, representatives, proprietors, partners, servants, principals, assigns, professional advisors, agents, contractors and assigns from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses, including without limitation legal fees and costs, relating to your use of the site or violation of these Terms.

Benefit Plans:

Nothing on this website is meant to interpret or extend or change in any way the provisions expressed in the Fund’s Plan document(s). The Trustees reserve the right to amend, modify, decrease, or discontinue all or part of the Plan as permitted by applicable law.

Entire Agreement; Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

Governing Law:

These Terms shall be governed and construed in accordance with the laws of the United States and, to the extent not preempted, the State of Georgia, without regard to its conflict of law provisions. The UBC HealthCare Trust Fund’s rights and all rights of participants and beneficiaries under the Fund shall be governed by the Employee Retirement Income Security Act of 1974, as amended ("ERISA"), except to the extent ERISA does not preempt state law.

Links To Other Websites:

While this website may contain links to other third-party websites, the UBC HealthCare Trust Fund is not responsible for the content of any linked sites. The Trust provides these links as a convenience and does not control, endorse, or promote the companies or contents of any linked websites unless expressly stated.

You acknowledge and agree that the Fund shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such third-party websites.

Proprietary Interest in Content:

The content of the website is owned by the UBC HealthCare Trust Fund. All data, logos, page views, source program code and access methods are protected by law. Any trademarks obtained by the Trust Fund to the content and/or logos on the website are proprietary. Misuse of these trademarks is expressly prohibited and may violate federal and state trademark law and may subject an unauthorized user to criminal and civil penalties, including indemnification of the Fund for loss or damage caused by unauthorized use. Also, please be advised that the Fund expressly reserves and aggressively enforces its rights to its intellectual property rights in all content contained in this website to the full extent of the applicable law.

These TERMS OF USE and the Fund’s website Privacy Notice, incorporated herein by reference, constitute the entire agreement between you and UBC HealthCare Trust Fund governing your use of the website. You acknowledge that in providing access and use of the website, the UBC HealthCare Trust Fund has relied on your agreement to be legally bound by these TERMS.

(November 2021)