Terms and Conditions
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These Terms and Conditions are designed to provide you with information about and govern your use of the online benefits self-service system “Benefits Connect”, located at www.pensions.org (the “Site”). By accessing and using this Site, you and any person you authorize to perform functions on your account agree to these Terms and Conditions and any other policies posted on the Site, without limitation or qualification. The Board reserves the right to modify these Terms and Conditions at any time. Your use of the Site after any such modification constitutes your agreement to be bound y the updated Terms and Conditions. If you do not agree to abide by the Terms and Conditions and policies posted on this Site, you should not use or access the Site or its contents.

   1. This online benefits self-service system Web site is provided by The Board of Pensions of the Presbyterian Church (U.S.A.) (“the Board of Pensions””). The purpose of this Site is to provide information and services related to employee benefit administration. You may not use this Site for any improper or unauthorized purpose, to engage in any unlawful activity or fraudulent purpose or to infringe the rights of the Board of Pensions, or others.

   2. Your password provides access to your personal data/information and you should therefore be careful not to misplace or disclose your password to others. The Password must be used each time you access the Site. You agree not to make your Password available to anyone not authorized to act on your account.

   3. To the maximum extent permitted by law, and even if the Board of Pensions has been expressly advised of the possibility, the Board of Pensions, its officers, directors, employees, and affiliates shall not be liable for any special, incidental, direct, punitive, indirect or consequential damages, loss, harm, cost, expense of any kind under any theory of liability arising out of or connection with the services offered on this Site, including without limitation account information/change requests, or any inability to use or access the Site. Further, the Board of Pensions, its officers, directors, employees, and affiliates, shall not be liable to any person who may rely on any content contained on the Site and/or who may suffer any kind of loss as a result of use of the Site or reliance on the information contained herein. The Board of Pensions, its officers, directors, employees, and affiliates, shall also not be liable in respect of any third-party material which may be accessed through this Site or any information submitted to the Board of Pensions via this Site.

   4. The Board of Pensions shall use its best efforts to comply with all timeframes stated on the Site for responses, restorations, upgrades, updates, or other services, but in the event of delays or non-compliance, the Board of Pensions shall not be liable for any loss, harm, damage, cost, or expense incurred as a result thereof. The Board of Pensions does not warrant that services will be uninterrupted or that this Site will be accessible from all PCs.

   5. YOU ACKNOWLEDGE AND AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW, THIS SITE AND THE SERVICES 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, 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 FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, AND THE BOARD OF PENSIONS OF THE PRESBYTERIAN CHURCH (U.S.A.) EXPRESSLY DISCLAIMS ANY LIABILITY FOR ALL SUCH DEFECTS OR FOR ERRORS OR OMISSIONS IN THE INFORMATION CONTAINED ON THIS SITE, AND FOR ANY DOWNTIME EXPERIENCED ON THE SITE.

   6. The content of this Site is produced by or on behalf of the Board of Pensions. As between you and the Board of Pensions, all intellectual property rights in the content of the Site belong to the Board of Pensions. 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.

   7. 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 the official plan document. In the event of an inconsistency with the information provided on the Site, the term of the Benefits Plan shall govern.

   8. Any Board of Pensions trademarks or trade names that appear on the Site or are referenced on the Site are the property of the Board of Pensions, and no license or other right to use such marks shall be deemed given without the express written permission of the Board of Pensions.

   9. Any links to third-party Web sites are provided for convenience only and do not constitute an endorsement by the Board of Pensions. The Board of Pensions has no control over and is not responsible or liable for such Web sites or any content or related materials contained therein.

   10. As further described in the Board’s Privacy Policy and the Medical Plan’s HIPAA Notice of Privacy Practices (available in the Privacy and Security Center section of the Board’s website (www.pensions.org)), we will never sell your personally identifiable information to a third-party for marketing purposes without your consent. We will only disclose information to third parties about your account or the transfers or payments you make:

       a. where it is necessary for opening or maintaining your account, or for completing transfers or payments,
       b. if lawfully required or
       c. if you request or authorize it.

   11. You agree to regularly and promptly review and verify all transactions on Benefits Connect. You also agree to immediately inform us if you believe your Password has been lost or stolen. Also, if your account information shows changes that you did not authorize, you must contact 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.

   12. The Board of Pensions reserves the right to change these Terms and Conditions at any time, in its sole discretion. We will post any changes on the Site.

   13. We reserve the right to terminate or suspend your access at any time with or without cause, in our sole discretion. In addition, we may immediately terminate or suspend your access if:

       a. you or any authorized user of your Password breaches any agreement with us, including without limitation these Terms and Conditions;
       b. we have reason to believe there has been or may be an unauthorized use of your Password, your account, or our service;
       c. you or any party authorized by you requests that we do so.

Please note that if you instruct us to terminate your access, you will remain liable for all transactions previously authorized prior to our receipt of your termination notice.

   14. If we fail to enforce any of our rights under these Terms and Conditions, our Privacy & Security Statement 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.

   15. You hereby agree to release and hold the Board of Pensions, its officers, directors, employees, and affiliates 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.

   16. 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.

The Benefits Plan, the Privacy Notice and these Terms and Conditions shall be construed and administered in accordance with the laws of the Commonwealth of Pennsylvania.

© 2011 The Board of Pensions of the Presbyterian Church (U.S.A.). All rights reserved.

 
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