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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. | |||||||||
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