Legal Conditions and Terms of Use

By visiting this website, viewing, accessing or otherwise using any of the services or information created, collected, compiled or submitted to this site, you agree to be bound by these Terms of Use. NPF hereby excludes liability for any claims, losses, demands, or damages of any kind, whatsoever, with regard to any information, content, or services provided at this site, including but not limited to direct, indirect, incidental, or consequential loss or damages, compensatory damages, loss of profits, or data, or otherwise. If you do not want to be bound by these Terms your only option is not to visit, view or otherwise use the services of the site.

The Sheet Metal Workers’ National Pension Fund (“NPF”) owns this site. The data contained on this site is proprietary to or properly licensed to the NPF or others. It may not be copied, reproduced, duplicated, modified, distributed or disclosed without NPF’s approval. Improper access and use of this website is strictly prohibited and may subject an unauthorized user to criminal and civil penalties, including indemnification to the NPF for loss or damage caused by unauthorized use, including but not limited to copyright or trademark infringement, or unauthorized uploading or postings of any kind.

Limitations on Information

The content of this site, www.smwnpf.org is for general information purposes only and does not constitute advice. NPF tries to provide content that is true and accurate as of the date of writing; however, NPF gives no assurance or warranty regarding the accuracy, timeliness, or applicability of any of the contents. All content and information may be changed without notice. The NPF makes no commitment to update the information contained in this site.

Users should not act upon the site’s content or information without first seeking appropriate advice. Further, to the extent there is a conflict between information provided on this site and the actual language of Plan Documents and Trust Documents, the written language of the Plan and Trust Documents shall control. In no event will the NPF be liable for any damages whatsoever arising out of the use, inability to use, or the results of use of this site, any websites linked to this site, or the materials or information contained at any or all such sites.

Caution for Links to External Web Sites

Links to external, or third party websites, are provided solely for visitors’ convenience. You access such links at your own risk. NPF accepts no liability for any linked sites or their content. When you access an external site, keep in mind that NPF has no control over its content.

Any link from NPF to an external website does not imply or mean that NPF endorses or accepts any responsibility for the content or the use of such site. NPF does not give any representation regarding the quality, safety, suitability, or reliability of any external websites or any of the content or materials contained in them. Visitors are encouraged to take necessary precautions, especially to ensure appropriate safety from viruses, worms, Trojan horses and other potentially destructive items. Users should review an external websites’ privacy policies and other terms of use to learn more about, what, why and how they collect and use any personally identifiable information.

Personal Information submitted to NPF

The users of this website may submit personal information to the NPF electronically where indicated. The NPF cannot ensure that the data submitted electronically will not be intercepted by third parties, regardless of whether the user selects a web browser with security features. All submission of personal information is at the user’s own risk, and the NPF shall not be liable for any damages therefore, including consequential damages.

Changes to the Terms of Use

NPF may revise and update these Terms of Use from time to time in its sole discretion. All changes are effective immediately when posted and apply to all access to and use of the site thereafter. Your continued use of the website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page periodically, so you are aware of any changes, as they are binding on you.

Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by NPF, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

You must not:

Modify copies of any materials from this site.
Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website. If you wish to make any use of material on the Website other than that set out in this section, please address your request to: info@smwnbf.org. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
To impersonate or attempt to impersonate NPF, a NPF employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the NPF or users of the Website, or expose them to liability.

Additionally, you agree not to:

Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
Use any device, software, or routine that interferes with the proper working of the Website.
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
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.
Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Website.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL NPF, ITS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR TRUSTEEs 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, 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.

Trademarks

The NPF name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of NPF or its licensors. You must not use such marks without the prior written permission of NPF. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the Commonwealth of Virginia without giving effect to any choice or conflict of law provision or rule (whether of the Commonwealth of Virginia or any other jurisdiction). Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the Commonwealth of Virginia, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

The use of this website is subject to the Legal Conditions and Terms of Use, and by proceeding, you acknowledge your acceptance of these terms.

Legal Conditions and Terms of Use