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Terms of Use Acceptance of Terms of Use. Thank you for visiting this web site (the "Site"). We, the Motion Picture Industry Pension Plan, the Motion Picture Industry Individual Account Plan and the Motion Picture Industry Health Plan (individually, the "Plan", and collectively, the "Plans", and individually and collectively, "Our", "Us" or "We") are offering access to and use of the Site subject to your acceptance of these Terms of Use. Please read these Terms of Use carefully before using the Site. By using the Site, or by your registration to and through this Site, you ("You", "Your" or "Yourself") are accepting these Terms of Use. Description of the Site. The Site allows You to access the plan descriptions of each of the Plans´ respective Health, Pension and Individual Account Plans (individually, the "Plan of Benefits", and collectively, the "Plans of Benefits") and certain related personal information of Yours to the extent and in the manner then currently offered by and through the Site. The information on the Site does not modify, supersede or otherwise revise the Plans´ trust agreements and Plans of Benefits. In the event of any inconsistency between the information contained on the Site and each Plans´ trust agreements and Plan of Benefits, the provisions of the applicable trust agreement and Plan of Benefits, as interpreted by the respective Boards of Directors of the applicable Plans shall govern. Only the Board of Directors of each Plan is empowered to interpret the specific Plan of Benefits. If You require a determination on any benefit issue affecting You, Your inquiry should be directed in writing to the respective Plan´s office as noted in the Plan of Benefits´ documentation. The information found on and through the Site is for informational purposes only and is not intended to be an authoritative, complete, or binding representation of the Plans or of any of Your personal information. Copies of the entire Plan of Benefits´ documents and Your personal information are available at the respective Plan's offices for inspection by You Access. In order to use the Site, You need the equipment necessary to connect to the World Wide Web (the "WWW"), and the connection necessary to access the WWW. You are solely responsible for any and all fees associated with such connection or access (such as those charged by an Internet Service Provider (ISP) or telephone company). You agree not to: (a) access information of any other individual other than Yourself and Your covered dependents, (b) use the Site for any purpose not intended or permitted by the Site or by Us, or (c) violate any federal or state laws or statutes while accessing or otherwise using the Site. Privacy. Your privacy is important to Us. All information gathered from You in connection with Your use of the Site will be governed by the provisions of the Privacy Policy, which are incorporated into these Terms of Use by this reference. The defined terms in these Terms of Use shall similarly apply to the same terms found in the Privacy Policy. Password. You have the right to change your password at any time. You are responsible for keeping Your user name and password confidential. We recommend that You memorize this information. Also, You should not share Your user name or password with friends, family members nor post it in a public place or transmit it via unsecured means. You are responsible for all activity occurring through the use of Your account, user name and/or password. You agree to immediately notify any of the Plans of any actual or suspected unauthorized use of Your account, user name or password. The Plans will not be responsible for any loss whatsoever arising from the misappropriation and/or use of Your user name or password by a third party. Intellectual Property and Rights to Access Site. The Site's database is owned by the specific Plan and/or agents, and the underlying technology and format is owned by the Plans or such third party licensor(s). The Site's technology and format is protected by applicable domestic and international patent, copyright and other intellectual property and proprietary rights and laws, and is offered to You, as it exists on the Site, for Your limited personal use pursuant to these Terms of Use. You are not permitted to copy, distribute, publish, perform, modify, download, transmit, transfer, sell, or license, create derivative works from or based on, publicly display, frame, link, or in any other way exploit any of the Site, in whole or in part, other than any of Your own personal information that is found through the use of the Site, without the prior written permission of the Plans or the respective copyright holder. Trademark Notices. All trademarks, service marks, trade names and logos contained in the Site are the property of their respective owners. Copyright Notice. Copyright© 2001 Motion Picture Industry Pension Plan, Motion Picture Industry Individual Account Plan, and Motion Picture Industry Health Plan. All rights reserved. The Site Does Not Provide Medical Advice. The contents of the Site, such as text, graphics, images, and other material contained on the Site are for informational purposes only. This information is not medical advice, and is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with respect to any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking medical advice because of something you have read on the Site. If you think you may have a medical emergency, call your doctor or 911 immediately. MPIPHP does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by MPIPHP is solely at your own risk. MPIPHP assumes no liability or responsibility for damage or injury to persons or property arising from any use of any product, information, idea, or instructions provided on this Site. Changes to Site. The Site, in whole or in part, may be modified, suspended or discontinued at any time, with or without notice. Modifications to Terms of Use; Additional Terms. These Terms of Use may be revised at any time. Any modifications shall be effective upon the earlier of the posting of the modified provisions of these Terms of Use on the Site, or direct e-mail notification of the changes to You. You agree to review these Terms of Use periodically so that You are aware of any modifications. Your continued use of the Site shall be deemed as Your acceptance of the modified Terms of Use. You agree that the above-listed standards for notice of changes are reasonable. Failure to Comply with Terms of Use. You acknowledge and agree that Your access and use of the Site may be suspended or terminated, in whole or in part, and without prior notice, if You engage in any conduct that: (a) violates any term or provision of these Terms of Use, (b) violates the rights of any of the Plans or third parties, (c) or is otherwise inappropriate for continued access and use of the Site. In addition, each of the Plans and/or respective agents reserve the right to terminate and may bar Your access to Your account information through the Site if and when You are no longer a Plan of Benefits or Site participant. Security. Although reasonable security measures may be used with respect to the Site, as with any on-line or electronic communication or interaction, there is an inherent risk involved in transmitting any information via the Internet. No guarantee or warranty is made that the Site or its related system is free from hackers or viruses or that information provided by You will not be stolen or otherwise surreptitiously obtained. You acknowledge and understand that such risk is inherent in interacting with any web site, including the Site, and take full responsibility for any harm, danger or damage that ensues due to any such breach in security. Links. The Site may provide, or third parties may provide, links to other WWW sites or resources. You acknowledge and agree that We are not responsible for the availability of such external sites or resources, and We do not endorse nor are We responsible or liable for any content, advertising, products, services or other items on or available from or through such sites or resources. You also acknowledge and agree that We 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, products, services or other items on or through such sites or resources. Access Termination or Suspension. In addition to Section 10 above, You agree that We, in Our sole discretion, and with or without reason, can suspend or terminate Your access to the Site, in whole or in part, from time to time. Disclaimer. THE SITE, INCLUDING WITHOUT LIMITATION, THE CONTENT AND OTHER MATERIALS CONTAINED IN OR ACCESSIBLE THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT WITH RESPECT TO ALL SUCH MATERIALS ARE DISCLAIMED. NO WARRANTY IS MADE THAT THE SITE OR ITS CONTENT OR SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE OR CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. NO WARRANTY IS MADE CONCERNING THE ACCURACY OF THE INFORMATION CONTAINED ON THE SITE, OR THE QUALITY OF ANY SERVICES AVAILABLE THROUGH THE SITE. NO REPRESENTATION OR WARRANTY IS MADE THAT THE SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN STATES WHICH RESTRICT OR DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, THE ABOVE EXCLUSIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED UNDER THE LAW. Limitation of Liability. YOU AGREE THAT IN NO EVENT WILL THE PLANS OR THE RESPECTIVE DIRECTORS, ADMINISTRATORS, TRUSTEES, EMPLOYEES, OFFICERS, AFFILIATES, OR AGENTS BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, TORT OR ANY OTHER THEORY, ARISING OUT OF: (A) YOUR USE OR INABILITY TO USE THE SITE, OR (B) YOUR RELIANCE ON ANY SERVICES OR CONTENT PROVIDED BY THE SITE; EVEN IF ANY OF SUCH PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ALSO, IN THE EVENT THAT THE PROVISION STATED ABOVE IN THIS SECTION 15, IN WHOLE OR IN PART, IS DETERMINED BY A COURT OF LAW WITH PROPER JURISIDICTION NOT TO BE ENFORCEABLE, THEN THE ABOVE IDENTIFIED PARTIES IN THIS SECTION WILL NOT, INDIVIDUALLY OR JOINTLY, BE LIABLE TO YOU FOR AN AMOUNT GREATER THAN $500 (USD), IN THE AGGREGATE, BASED ON ANY CLAIM OR ACTION WHETHER UNDER CONTRACT, TORT OR ANY OTHER THEORY, WHICH AMOUNT IS AGREED BY YOU TO BE REASONABLE BASED ON A NUMBER OF FACTORS INCLUDING, WITHOUT LIMITATION, THE TYPE OF SERVICES OR INFORMATION OFFERED BY THE SITE AND THAT YOU ARE NOT CHARGED FOR THE USE OF THE SITE. IN STATES WHICH RESTRICT OR DO NOT ALLOW THE ABOVE LIMITATIONS OF LIABILITY, THE ABOVE LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED UNDER THE LAW. Notices and Questions. Notices by the Plans or respective agents to You may be given by means of a general posting at the Site or to Your Site registered or any other e-mail address. Questions by You to Us may be given by e-mail messages addressed to the appropriate department or individual as indicated in the Site. Miscellaneous. These Terms of Use, the Privacy Policy, and any addenda, revisions or statements expressly incorporated into these Terms of Use and the Privacy Policy constitute the entire agreement with respect to Your use of and access to the Site and the provision of the information and services by Us, and these Terms of Use and the Privacy Policy replace all prior or contemporaneous understandings or agreements, written or oral, regarding Your use of and access to the Site. If any provision of these Terms of Use or the Privacy Policy is found invalid or unenforceable, that provision shall be enforced to the maximum extent possible, and the remaining provisions of these Terms of Use and the Privacy Policy shall remain in full force and effect. Governing Law and Venue. These Terms of Use and the Privacy Policy shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and We agree to submit to the personal and exclusive jurisdiction of the courts located within the County of Los Angeles, California. You agree that any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site, these Terms of Use or the Privacy Policy must be filed within one (1) year after such claim or cause of action arose or be forever barred. [Effective Date: July 2009] TOP