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 version.

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 discontinuance.

 

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 Website.

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 equipment.

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 you.

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 discretion.

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 rights.

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 Content.

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 leave the Website and to read the terms and conditions and privacy policy of 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.  

H. Monitoring
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.

J. Miscellaneous
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 1, 2019.