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ASIP Local 150

OPERATING ENGINEERS LOCAL 150 APPRENTICESHIP FUND TERMS OF USE

(WEB SITE DISCLAIMER)

Terms of Use

The use of this web site is subject to the terms and conditions stated herein. The use of this web site constitutes an agreement by you, the user, that your use is governed by these terms and conditions. The Trustees of the Operating Engineers Local 150 Apprentice Fund ('the Fund') provide the services and information displayed on this site subject to your agreement to the terms and conditions below.

Use of Information and Services

The Fund strives to be a resource of information for our users. Although we strive for accuracy, we cannot ensure that the information we provide is exhaustive or complete, or that it will necessarily include the most recent information available on a particular subject or individual. Any reference to individual equipment certification is limited to informing the user that an individual has passed the required written and practical examinations pertaining to certain specific equipment. References to courses such as "Haz-Mat" or "safety" relate only to the individual having completed the course- we urge employers to review this information with the individual and other employer officials. The Fund, its Trustees, employees and agents assume no responsibility for any consequence relating directly or indirectly to any action or inaction you take based on this information and services, or other material on this site, and will not be responsible for any damage or loss related to the accuracy, completeness or timeliness of the information. Your use of the site is subject to additional disclaimers and caveats that may appear throughout this site.

Site Operation

The Fund will use reasonable efforts to keep this web site available for access on a 24-hour a day, seven-day-a-week basis, subject to scheduled downtime for maintenance purposes, unscheduled maintenance and system outages. There are no assurances that access will be available at all times, uninterrupted. Furthermore, the Fund does not warrant that the operation of this Web Site will be error-free, that defects will be corrected, or that this web site or the servers that make it available are free from viruses or other harmful components.

Amendments and Modifications

The Fund reserves the right to amend the information, services, and/or content of this web site at anytime without prior notice. The information and materials contained in this web site, and the terms and conditions of the access to and the use of such information and materials, are subject to change without notice. We suggest that you check these terms periodically for changes. These terms can be accessed from the link at the bottom of our home page. If you use this web site after we post changes to the terms, you accept the changed terms. The Fund expressly reserves the right to monitor any and all use of this web site.

Disclaimer of Warranty

The factual information contained in this web site is believed to be reliable and accurate. The Fund makes no guarantee or warranty, express or implied, as to the accuracy, timeliness, or completeness or the information for any errors or omissions, therein, whether caused by the source of information on the Fund. Accordingly, all factual information accessible through the web site is on an "as is" basis, without limiting the generality of the foregoing. Any and all warranties of merchantability or fitness for a particular purpose are specifically disclaimed. The Fund is not responsible for any loss that results front the use of this factual information.

Limitation of Liability

In no event shall the Fund, its Trustees, officers, employees or agents, be liable for any special, indirect, punitive, incidental, exemplary or consequential damages, or any damages whatsoever resulting from loss of use, business data or profits, litigation and the like, whether based on breach of contract, tort (including negligence), product liability or otherwise, even if advised of the: possibility of such damages, with respect to services or information received through this web site, the Fund's liability, in any case, is expressly limited to the correction of any information upon receipt of written notice and the determination of the accuracy of such correction. You acknowledge and agree that the limitations set forth above are fundamental elements of this Agreement and the web site would not be provided to you absent such limitations. Some state statutes might apply regarding limitation of liability.

Indemnification

You agree to indemnify, defend and hold harmless the Fund, its affiliates and suppliers from any liability, loss, claim and expense (including attorneys' reasonable fees) related to (1) your violation of this Agreement, and (2) using the material on this web site in an unauthorized manner.

Miscellaneous

The agreement and resolution of any dispute related to this Agreement or the web site shall be governed by and construed in accordance with the laws of Illinois, without giving effect to any principles of conflicts of law. The Fund's failure to insist upon strict enforcement of any provision of this Agreement shall not be construed as a waiver of any provision or right. Any legal action or proceeding between the Fund and you related to this Agreement shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Illinois. If any part of these terms and conditions is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions.