Welcome to the Steamfitters Industry Trust Funds
Website (“the Website”). Please carefully review our User Agreement
before you begin using the site. Thank you.
A. Your Acceptance
By using and/or visiting this Website, you
signify your agreement to these terms and conditions (the “User Agreement”).
If you do not agree to all of the terms and conditions contained in this
User Agreement, you are not authorized to use the Website.
The Steamfitters’ Industry Pension Plan, the
Steamfitters’ Industry Supplemental Retirement Plan, the Steamfitters’ Industry
Welfare Fund, the Steamfitters’ Industry Vacation Plan, the Steamfitters’
Industry Security Benefit Fund, the Steamfitters’ Industry Educational Fund,
the Metal Trades Branch Local 638 Pension Fund, the Metal Trades Branch Local
638 Welfare Fund, the Service Fitters’ Industry Educational Fund and the
Steamfitting Industry Labor Management Cooperation Committee (hereinafter
collectively known as “the Funds”) may, in their sole discretion, modify this
User Agreement at any time. By continuing to use this website following
our posting of such changes, you agree to be bound by this User Agreement, as
modified. Although we may attempt to notify you when major changes are
made to this User Agreement, you should periodically review the most up-to-date
The Funds reserve the right to modify, suspend, or
discontinue the Website or any related sites, or any part of them, at any time,
for any reason without prior notice to you. You, the User, agree that the
Funds shall not be liable for any such modification, suspension, or
B. General Use of the Website
The Funds hereby grant you permission to access
and use the Website as set forth in this User Agreement, provided that:
1. You do not collect any personally identifiable
information of others, including user names or email addresses, from the
2. You do not use the Website for any commercial
purposes without the prior written authorization of the Funds. You agree
not to transmit or otherwise make available through the Website any unsolicited
advertising, promotional information, bulk e-mail or other solicitation.
You agree not to solicit, for commercial purposes, any users of the
Website with respect to material they post on the Website.
3. You do not transmit or otherwise make available any
content containing any “virus,” “worm,” “trojan horse,” or any other computer
code, file, or program designed to interrupt, destroy, or limit the
functionality of any computer software or hardware or telecommunications
4. You do not alter or modify any part of the Website.
5. You do not circumvent, disable or otherwise interfere
with security-related features of the Website or our sites or servers (or
networks connected to our Website).
6. You do not harass, threaten, embarrass, or cause
distress, unwanted attention, or discomfort to a person or entity on or through
the Website or its communication systems.
7. You do not transmit or otherwise make available on or
through the Website any content that is unlawful, harmful, threatening,
abusive, harassing, defamatory, vulgar, obscene, hateful, or racially,
ethnically, or otherwise objectionable, as solely determined by the Funds.
8. The Funds reserve the right to change or discontinue
any aspect of the Website at any time, for any reason, and without notice to
9. The Funds reserve the right to suspend or terminate a
user's access to the Website, without prior notice and at the Funds’ sole
10. This list of permissions and restrictions, along with
the other terms discussed below, is not intended to be complete, but merely illustrative.
The Funds reserve the right in our sole and final judgment to determine
whether conduct violates conduct requirements for the Website.
C. Registered User Accounts
In order to access some features of the Website, you have to
become a Registered User, which will also create a user account. As a
Registered User, you agree to be bound by the following terms:
1. When creating or modifying your account, you must
provide accurate, current, and complete information. The Funds reserve the
right to disallow use of any user name that we deem offensive or inappropriate.
You will be responsible for preserving the confidentiality of your
password and for all actions of persons accessing the Website through any
username/password assigned to you. You must notify Funds immediately of
any breach of security or unauthorized use of your account. You may never
use another’s account without permission.
2. You are solely responsible for your own User Content
and the consequences of posting or publishing it. You affirm, represent, and/or
warrant that: you own, or have the necessary licenses, rights, consents, and
permissions to use and authorize the Funds to use, all patent, trademark, trade
secret, copyright or other proprietary rights in and to all User Content you
submit to enable inclusion and use of such User Content in the manner
contemplated by the Website and these Terms of Service.
3. You retain all of your ownership rights in your User
Content. However, by submitting User Content to the Funds through the
Website, you hereby grant the Funds a worldwide, non-exclusive, royalty-free,
sublicenseable, perpetual, and transferable license to use, reproduce, store,
distribute, prepare derivative works of and display your User Content (and your
user name) in any medium in connection with the activities and operations of
the Fund, its affiliated entities and successors. You also hereby grant
each user of the Website a non-exclusive license to access your User Content
through the Website, and to use, reproduce, and distribute such User Content
for such user’s personal, non-commercial purposes. You understand and
agree that the Funds may retain, reproduce, distribute and otherwise use for
any purpose copies of User Content that has been removed from the Website.
The above licenses granted by you are perpetual and irrevocable.
4. The Funds do not endorse, authorize or ratify any
User Content, or any opinion, recommendation, or advice expressed therein, and
the Funds expressly disclaim all liability in connection with User Content.
The Funds do not permit copyright infringing activities and infringement
of intellectual property rights on its Website, and the Funds reserve the
right, but do not assume the obligation, to remove any content from the Website
if notified that such content infringes on another’s intellectual property
D. Your Use of Content on the Site
In addition to the restrictions above, the following restrictions
and conditions apply specifically to your use of content on the Website.
1. The content on the Website (other than your User
Content), including without limitation, the text, software, scripts, graphics,
photos, sounds, music, videos, interactive features and the like (collectively,
“Steamfitters Industry Trust Funds Content”) is owned by or licensed by the
Funds. Except as otherwise provided in this User Agreement or elsewhere
on the website, the Steamfitters Industry Trust Funds Content may not be
downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed,
sold, licensed, or otherwise exploited for any purpose whatsoever without the
prior written consent of the Funds. Furthermore, the Funds reserve all
rights not expressly granted in and to the Steamfitters Industry Trust Funds
2. The Website is made available for your personal,
non-commercial use only. As part of such personal use, you may display,
download and/or print pages from the site; you may link to the Website; and you
may forward Website materials to others for personal, non-commercial uses that
are reasonably related to the Website’s purposes.
3. You understand that when using the Website, you will
be exposed to Steamfitters Industry Trust Funds Content, User Content, and
other third-party content from a variety of sources, and that the Funds make no
warranty about the accuracy, usefulness, safety, or intellectual property
rights of or relating to such Steamfitters Industry Trust Funds Content, User
Content, or other third-party content. You further understand and acknowledge
that you may be exposed to User Content that may be inaccurate, offensive,
indecent, or objectionable, and you agree to waive, and hereby do waive, any
legal or equitable rights or remedies you have or may have against the Funds
with respect thereto.
4. The Website may contain links to third-party websites
that are not owned or controlled by the Funds. The Funds have no control over,
and assume no responsibility for, the content, privacy policies, or practices
of any third-party websites. The Funds encourage you to be aware when you
each other website that you visit.
E. Warranty Disclaimers
THIS WEBSITE IS PROVIDED TO YOU "AS
IS." YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE
RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THE STEAMFITTERS’ INDUSTRY
PENSION PLAN, THE STEAMFITTERS’ INDUSTRY SUPPLEMENTAL RETIREMENT FUND, THE
STEAMFITTERS’ INDUSTRY WELFARE FUND, THE STEAMFITTERS’ INDUSTRY VACATION PLAN,
THE STEAMFITTERS’ INDUSTRY SECURITY BENEFIT FUND, THE STEAMFITTERS’ INDUSTRY
EDUCATIONAL FUND, THE METAL TRADES BRANCH LOCAL 638 PENSION FUND, THE METAL
TRADES BRANCH LOCAL 638 WELFARE FUND, THE SERVICE FITTERS’ INDUSTRY EDUCATIONAL
FUND AND THE STEAMFITTING INDUSTRY LABOR MANAGEMENT COOPERATION COMMITTEE,
INCLUDING ALL OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS OF SUCH FUNDS
(COLLECTIVELY, THE "THE FUNDS"), DISCLAIM ALL WARRANTIES, EXPRESS OR
IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF.
THE FUNDS PARTIES CANNOT AND DO NOT WARRANT THE
ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE OF THE SITE'S CONTENT OR THE CONTENT OF ANY
SITES LINKED TO THIS SITE, NOR DO THE FUNDS GUARANTEE THAT THE WEBSITE WILL BE
ERROR FREE, OR CONTINUOUSLY AVAILABLE, OR THAT THE WEBSITE WILL BE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS. THE FUNDS DO NOT WARRANT, GUARANTEE,
OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE PROVIDED, ADVERTISED OR
OFFERED BY A THIRD PARTY THROUGH THE FUNDS WEBSITE OR ANY HYPERLINKED WEBSITE
OR FEATURED IN ANY BANNER OR OTHER ADVERTISING.
F. Limitation of Liability
IN NO EVENT SHALL THE FUNDS BE LIABLE TO YOU OR
ANYONE ELSE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL
DAMAGES WHATSOEVER, WHETHER OR NOT THEY ARE FORESEEABLE, RELATING TO THIS
WEBSITE, INCLUDING ANY DAMAGES RESULTING FROM ANY (I) ERRORS, MISTAKES, OR
INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE
WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III)
UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL
INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) INTERRUPTION OR
CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (V) BUGS, VIRUSES, TROJAN
HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY
THIRD PARTY, AND/OR (VI) ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR
DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED,
EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE STEAMFITTERS INDUSTRY
TRUST FUNDS WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER
LEGAL THEORY, AND WHETHER OR NOT THE STEAMFITTERS INDUSTRY TRUST FUNDS ARE
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU SPECIFICALLY ACKNOWLEDGE THAT THE FUNDS
SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL
CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE
FOREGOING RESTS ENTIRELY WITH YOU. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS
ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. TO
THE EXTENT THESE LAWS APPLY TO YOU, SOME OF THE PROVISIONS SET FORTH IN THIS
AGREEMENT MAY NOT APPLY.
YOU AGREE TO INDEMNIFY AND HOLD HARMLESS THE
FUNDS AGAINST ANY AND ALL CLAIMS, OF WHATEVER NATURE, THAT ARISE OUT OF YOUR
USE OF AND ACCESS TO THE FUNDS WEBSITE OR YOUR VIOLATION OF ANY OF THIS USER
AGREEMENT. THIS INDEMNIFICATION OBLIGATION WILL SURVIVE THIS USER AGREEMENT AND
YOUR USE OF THE WEBSITE.
YOU FURTHER AGREE TO INDEMNIFY AND HOLD HARMLESS
VITECH SYSTEMS GROUP, INC. AGAINST ANY AND ALL CLAIMS, OF WHATEVER NATURE, THAT
ARISE OUT OF YOUR USE AND ACCESS TO THE “V3” SOFTWARE PROVIDED BY VITECH
SYSTEMS GROUP, INC., AND THAT VITECH SYSTEMS GROUP, INC. SHALL NOT BE LIABLE
FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR
CONSEQUENTIAL DAMAGES RELATING TO ANY CLAIM YOU MAY HAVE.
G. Ability to Accept User Agreement
You affirm that you are either more than 18
years of age, or an emancipated minor, or possess legal parental or guardian
consent, and are fully able and competent to enter into the terms, conditions,
obligations, affirmations, representations, and warranties set forth in this
User Agreement, and to abide by and comply with this User Agreement.
The Funds reserve the right to monitor your
access and use of the Website without notification to you.
I. No Legal or Investment Advice
The content of the Website should not be
construed to be legal or investment advice. Users are responsible for
obtaining their own competent legal and investment advice from qualified
providers at their own expense.
Any retirement or financial information that may be provided
within these websites is provided solely for you to estimate hypothetical
future financial or retirement status. The Funds are not responsible for
the accuracy of any estimates and you should not rely solely on any information
provided via the Website. Seek advice from qualified providers before you
make any investment or retirement decisions.
This User Agreement shall be governed by the
substantive laws of the State of New York, without respect to its conflict of
laws principles. Any claim or dispute between you and the Funds that
arises in whole or in part from the Website shall be decided exclusively by a
court of competent jurisdiction located in New York.
This User Agreement, together with any other
legal notices published by the Funds on the Website, shall constitute the
entire agreement between you and the Funds concerning the Website and
supersedes prior agreements, if any, between you and the Funds relating to any
matter dealt with in the User Agreement.
If any provision of this User Agreement is
deemed invalid by a court of competent jurisdiction, the invalidity of such
provision shall not affect the validity of the remaining provisions of this
User Agreement, which shall remain in full force and effect.
No waiver of any term of this User Agreement
shall be deemed a further or continuing waiver of such term or any other term,
and the Funds’ failure to assert any right or provision under this User
Agreement shall not constitute a waiver of such right or provision.
This User Agreement, and any rights and licenses
granted hereunder, may not be transferred or assigned by you, but may be
assigned by the Funds without restriction. This User Agreement and the
rights and obligations created hereunder shall be binding upon and inure solely
to the benefits of the parties hereto and their respective successors and
assigns, and nothing in this Agreement, express or implied, is intended or
should be construed to confer upon any other person any right, remedy or claim
under or by virtue of this Agreement.
This User Agreement is made effective as of January