The
Budd
Company
       
LEGAL INFORMATION

LEGAL INFORMATION

 

I.     TERMS OF USE

 

The Budd Company ("Budd") and Benefits Outsourcing Services, Inc. ("BOS") are pleased to provide you with the services, content, tools and other information on the Budd Retiree website (the "Budd Site"). Your use of the Budd Site is subject to the following Terms of Use ("Terms").

 

These Terms have been established by Budd and BOS. By using or accessing the Budd Site, you accept these Terms. Your use of the Budd Site is governed by the version of the Terms in effect on the date the Budd Site is accessed by you. Budd and BOS may modify these Terms at any time and without prior notice.

 

The Budd Site is intended only for your personal, non-commercial use.

 

A.     PROHIBITED USES

 

Because all servers have limited capacity and are used by many people, do not use the Budd Site in any manner that could damage or overburden any Budd/BOS server, or any network connected to any Budd/BOS server. Do not use the Budd Site in any manner that would interfere with any other party's use of the Budd Site.

 

B.     MEANS OF ACCESS

 

The Budd Site is generally intended to be viewed by a conventional web browser. Although you may use other means to access the Budd Site, be aware that the Budd Site may not appear accurately through other access methods, and you use them only at your own risk.

 

Certain parts of the Budd Site are protected by passwords or require a login. You may not obtain or attempt to obtain unauthorized access to such parts of the Budd Site, or to any other protected materials or information, through any means not intentionally made available by Budd for your specific use.

 

C.     PASSWORD SECURITY AND NOTIFICATION

 

If you have a Personal Identification Number (PIN) for access to non-public areas of the Budd Site, you are solely responsible for all activities that occur in connection with your PIN. Accordingly, you should take steps to protect the confidentiality of your PIN. Notify BOS immediately if you become aware of any disclosure, loss, theft or unauthorized use of your PIN.

 

D.     DISCLAIMER OF WARRANTIES

 

Budd and BOS do not make any express or implied warranties about the Budd Site, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

 

The Budd Site is made available to you "as is" and "as available" and Budd and BOS do not warrant that any defects or inaccuracies will be corrected.

 

Budd and BOS do not warrant that the Budd Site will meet your needs, or that they will be uninterrupted, timely, secure or error-free. Budd and BOS make no warranty that the results obtained from the use of the Budd Site will be accurate or reliable, or that the quality of any products, services, information, or other material purchased or obtained by you through the Budd Site will meet your expectations.

 

E.     LIMITATION OF LIABILITY/INDEMNIFICATION

 

Neither Budd nor BOS will be liable to you or anyone else for any consequential, incidental, special or indirect damages that result from use or loss of use of the Budd Site. This is true even if Budd or BOS have been advised of the possibility of such damages or losses.

 

Neither Budd nor BOS will be liable to you or anyone else for any loss resulting from a cause over which such Budd or BOS have no direct control. This includes failure of electronic or mechanical equipment or communications lines (including telephone, cable and internet), unauthorized access, viruses, theft, operator errors, severe or extraordinary weather (including flood, earthquake, or other act of God), fire, war, insurrection, terrorist act, riot, labor dispute and other labor problems, accident, emergency or action of government.

 

If you live in a state that does not allow the limitation or exclusion of liability or incidental or consequential damages, some or all of the limitations and exclusions may not apply to you.

 

As a condition of your use of the Budd Site, you agree to indemnify and hold Budd, BOS and other third party providers harmless from and against any and all claims, losses, liability, costs and expenses (including but not limited to attorneys' fees) arising from your use of the Budd Site or from your violation of these Terms.

 

F.     TERMINATION

 

Budd or BOS may terminate your access to the Budd Site for any reason, without prior notice.

 

G.     GOVERNING LAW

 

Unless pre-empted by Federal law (such as ERISA), these Terms and their enforcement are governed by the laws of the State of Michigan, without regard to conflicts of law, and shall inure to the benefit of Budd's and BOS's successors and assigns, whether by merger, consolidation, or otherwise.

 

H.     SEVERABILITY

 

If a court of competent jurisdiction deems any provision unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.

 

II.     CONFIDENTIALITY/PRIVACY

 

Budd and BOS are committed to maintaining the confidentiality, integrity and security of your personal information. Confidentiality and privacy practices are reviewed periodically. BOS employs physical, electronic and procedural controls, which are updated as necessary to respond to changes in technology.

 

III.     SECURITY

 

Security of information is paramount at Budd and BOS. We work continuously to safeguard your accounts, employing cutting-edge technology and security methods. We can't do it alone, however. Only you can protect yourself from identity theft. To that end, you should (1) secure your home computer, (2) minimize your risks online and (3) protect yourself from identity theft.

 

While you never see the majority of our security programs, Budd and BOS understand the importance of securing personal information.

Terms of Use and Privacy Statement BOS Benefits Center - Budd, 3149 Haggerty Highway, Commerce Twp., MI 48390-1724     Phone: © 2008