The Board of Pensions of the Presbyterian Church (U.S.A.) (“The Board of Pensions”) provides information and services related to employee benefit
administration through our website www.pensions.org and online benefits self-service system “Benefits Connect”
(collectively, “site”). These Terms and Conditions (“Terms”) are designed to provide you with information about and govern your use of the
site. By accessing and using this site or your Benefits Connect account (“account”), you, and any person you authorize to access and use your account,
agree to these Terms and any other policies posted on the site.
1.
Our site is not intended for persons under the age of 18.
2.
You accept sole responsibility for all of your activities on the site. You may not use this site for any improper or unauthorized purpose. You may not use
the site in a manner that:
(a) is unlawful or encourages unlawful behavior of any kind;
(b) uses technology or other means to access, interrupt, or destroy the content or systems of The Board of Pensions in a manner that is not authorized by
The Board of Pensions; or
(c) violates the Terms or other policies of The Board of Pensions.
3.
Your password provides access to your account, which contains personal information. Therefore you should be careful not to misplace or disclose your
password to others. You are solely responsible for (1) authorizing, monitoring, controlling access to and maintaining the strict confidentiality of your
password, (2) not allowing others to use your password, and (3) any transactions or damages that may be incurred as a result of your failure to maintain
the strict confidentiality of your password. You also agree to immediately inform us if you believe your password has been lost or stolen.
4.
We reserve the right to terminate or suspend your account access at any time with or without cause, in our sole discretion. In addition, we may immediately
terminate or suspend your account access if:
(a) you or any authorized user of your password breaches any agreement with us, including without limitation, these Terms;
(b) we have reason to believe there has been or may be an unauthorized use of your password, your account, or our service; or
(c) you or any party authorized by you requests that we do so.
Please note that if you instruct us to terminate your account, you will remain liable for all transactions authorized prior to our receipt of your
termination notice.
5.
IN NO EVENT WILL THE BOARD OF PENSIONS OR ITS REPRESENTATIVES BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSSES, OR EXPENSES ARISING IN CONNECTION WITH THE SITE OR USE THEREOF OR INABILITY TO USE BY ANY PARTY, OR IN
CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE OR SYSTEM FAILURE, LOSS
OF DATA, OR OTHER DEFECT RELATED TO THE SITE, EVEN IF THE BOARD OF PENSIONS OR OUR REPRESENTATIVES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES
OR EXPENSES.
6.
YOU ACKNOWLEDGE AND AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW, THIS SITE AND THE SERVICES AND CONTENT PROVIDED VIA THIS SITE ARE PROVIDED “AS IS”
AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND
FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT THE SITE’S CONTENT, FUNCTIONS, OPERATION, OR AVAILABILITY WILL BE UNINTERRUPTED OR ERROR-FREE,
THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SYSTEMS THAT MAKE IT AVAILABLE WILL BE SECURE AND FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU ACKNOWLEDGE AND AGREE THAT THE BOARD OF PENSIONS EXPRESSLY DISCLAIMS ANY LIABILITY FOR ALL AND ANY DEFECTS, ERRORS OR OMISSIONS ON THE SITE OR ITS
CONTENTS, AND ANY DOWNTIME EXPERIENCED ON THE SITE.
7.
The site, its content, and all intellectual property pertaining to or contained on the site (including but not limited to copyrights, patents, database
rights, graphics, designs, text, logos, trade dress, trademarks, and service marks) belong to The Board of Pensions or third parties; all rights, title,
and interest therein shall remain the property of The Board of Pensions and/or such third-party owner, as applicable. You may not modify, copy, distribute,
transmit, display, perform, or create derivative works from information or material on this site without The Board of Pensions’ written permission. You
may, however, download and make one copy of the content and other downloadable items displayed on this site for your personal, noncommercial review only,
provided that you maintain all copyright notices contained on such content and make no other use thereof. You hereby agree to release and hold The Board of
Pensions and its representatives harmless from and defend and indemnify them against any and all third-party claims, liability, damages, and/or costs
(including, without limitation, attorney’s fees) The Board of Pensions may incur arising as a result of the infringement of any intellectual property or
other right of The Board of Pensions or any other person or entity resulting from your use of the site.
8.
All information submitted to The Board of Pensions via the site shall be deemed and remain the property of The Board of Pensions, and The Board of
Pensions shall be free to use, for any purpose, any idea, concept, know-how, or technique contained in information a visitor to the site provides The
Board of Pensions through the site. The Board of Pensions shall not be subject to any obligations of confidentiality regarding submitted information
except as may be expressly agreed in writing by The Board of Pensions or as otherwise specifically required by law.
9.
Your Benefits Plan, particular parts of the site, or other services offered by The Board of Pensions may be subject to additional terms and conditions. In
the event of a conflict, such additional terms and conditions will govern your Benefits Plan, the particular parts of the site, or the other service
offered by The Board of Pensions.
10.
All benefits estimates and quotations provided in Benefits Connect are estimates and do not constitute a contractual obligation on the part of The Board of
Pensions to provide such benefits if the estimate is determined to be inaccurate upon audit by The Board of Pensions. Benefits are only payable in
accordance with the current terms of the Benefits Plan as set forth in your official plan document. In the event of an inconsistency with the information
provided on the site, the terms of the Benefits Plan shall govern.
11.
THE SITE MAY CONTAIN LINKS TO WEBSITES CONTROLLED OR OFFERED BY THIRD PARTIES (NON-AFFILIATES OF THE BOARD OF PENSIONS). THE BOARD OF PENSIONS HEREBY
DISCLAIMS LIABILITY FOR ANY INFORMATION, MATERIALS, PRODUCTS, OR SERVICES POSTED OR OFFERED AT ANY OF THE THIRD-PARTY WEBSITES LINKED TO ON THE SITE. BY
CREATING A LINK TO A THIRD-PARTY WEBSITE, THE BOARD OF PENSIONS DOES NOT ENDORSE OR RECOMMEND ANY PRODUCTS OR SERVICES OFFERED OR INFORMATION CONTAINED AT
THAT WEBSITE, NOR IS THE BOARD OF PENSIONS LIABLE FOR ANY FAILURE OF ANY PRODUCTS OR SERVICES OFFERED OR ADVERTISED AT THOSE WEBSITES. SUCH THIRD-PARTY MAY
HAVE A PRIVACY POLICY DIFFERENT FROM THAT OF THE BOARD OF PENSIONS, AND THE THIRD-PARTY WEBSITE MAY PROVIDE LESS SECURITY THAN THE BOARD OF PENSIONS SITE.
12.
The Board of Pensions is committed to protecting the privacy of those who access or use our Site. You may learn more about our privacy practices by reading
the Board of Pensions Privacy Policy and the Medical Plan’s “HIPAA and Your Privacy” policy (available in the Privacy and Security Center section of www.pensions.org), the
terms of which are incorporated herein. By using the site, you consent to these policies.
13.
The Board of Pensions makes no warranty whatsoever to you, express or implied, regarding the security of the site, including with respect to the ability of
unauthorized persons to intercept or access information transmitted by you through the site. You acknowledge and agree that you are solely responsible for
maintaining the security of your devices. The Board of Pensions is not responsible for any losses resulting from the loss or theft of your device or the
loss or theft of your information transmitted from or stored on your devices. You agree to regularly and promptly review and verify all transactions on
Benefits Connect. You are required to report any unauthorized use of your account by contacting The Board of Pensions immediately by mail at: The Board of
Pensions of the Presbyterian Church (U.S.A.), 2000 Market Street, Philadelphia, PA 19103-3298, or by email at: MemberServices@pensions.org.
14.
The Board of Pensions reserves the right to change these Terms or the site at any time, in its sole discretion and without notice to you. We will post any
changes on the site. Continued use of the site following such modifications to the site or Terms will constitute your acceptance of such modifications.
15.
If we fail to enforce any of our rights under these Terms, our Privacy Policy or applicable laws, it shall not be deemed to constitute a waiver of such
right. If any provision of these documents is found by a court to be invalid, then the remaining terms and conditions shall remain in full force and
effect.
16.
The Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be
contrary to local law or regulation. The Benefits Plan, the Privacy Policy, these Terms, and any additional terms and conditions shall be construed and
administered in accordance with the laws of the Commonwealth of Pennsylvania.
17.
If you have questions, comments, or concerns regarding this site, please contact us by mail at: The Board of Pensions of the Presbyterian Church (U.S.A.),
2000 Market Street, Philadelphia, PA 19103-3298, or by email at: memberservices@pensions.org.
Effective: May 2, 2016
© 2016 The Board of Pensions of the Presbyterian Church (U.S.A.). All rights reserved.