AGREEMENT BETWEEN USER AND LOCAL 338 RWDSU, LOCAL 338 HEALTH AND WELFARE FUND, LOCAL 338 BENEFITS FUND, LOCAL 338 RETIREMENT FUND, LOCAL 338 ANNUITY FUND and/or other ENTITIES (all hereinafter referred to as ENTITIES):

The 338 Member Portal website is comprised of various web pages operated by ENTITIES. The 338 Member Portal is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the 338 Member Portal constitutes your agreement to all such terms, conditions, and notices.

MODIFICATION OF THESE TERMS OF USE:
ENTITIES reserve the right to change the terms, conditions, and notices under which the 338 Member Portal is offered, including but not limited to the charges associated with the use of the 338 Member Portal.

LINKS TO THIRD PARTY SITES:
The 338 Member Portal may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of ENTITIES and ENTITIES are not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. ENTITIES are not responsible for webcasting or any other form of transmission received from any Linked Site. ENTITIES are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by ENTITIES of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE:
As a condition of your use of the 338 Member Portal, you warrant to ENTITIES that you will not use the 338 Member Portal for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the 338 Member Portal in any manner which could damage, disable, overburden, or impair the 338 Member Portal or interfere with any other party's use and enjoyment of the 338 Member Portal. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the 338 Member Portal.

USE OF COMMUNICATION SERVICES:
The 338 Member Portal may contain chat areas, personal web pages, calendars, and/or other message or communication facilities (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
•    Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
•    Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
•    Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
•    Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
•    Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication service specifically allows such messages.
•    Conduct or forward surveys, contests, pyramid schemes or chain letters.
•    Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
•    Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
•    Restrict or inhibit any other user from using and enjoying the Communication Services.
•    Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
•    Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
•    Violate any applicable laws or regulations.

ENTITIES have no obligation to monitor the Communication Services. However, ENTITIES reserve the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. ENTITIES reserve the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

ENTITIES reserve the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in ENTITIES' sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. ENTITIES do not control or endorse the content, messages or information found in any Communication Service and, therefore, ENTITIES specifically disclaim any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized ENTITIES spokespersons, and their views do not necessarily reflect those of ENTITIES.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

HIPAA PRIVACY 
HIPAA is the federal Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). HIPAA Notice of Privacy Practice: To read more about our privacy practices regarding health and medical information under the Health Insurance Portability and Accountability Act ("HIPAA"), visit our HIPAA Notice of Privacy Practices.
HIPAA outlines strict guidelines to ensure the privacy and confidentiality of your PHI (personal health information, such as your name or medical information). These guidelines require that your PHI be used for purposes of treatment, payment and health plan operations, and not for purposes unrelated to health care.
The information contained in this transmission may contain privileged and confidential information, including patient information protected by federal and state privacy laws, including, but not limited to HIPAA. It is intended only for the use of the person(s) named above. If you are not the intended recipient, you are hereby notified that any review, dissemination, distribution, or duplication of this communication is strictly prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message.

By using the 338 Member Portal, you consent to receive communications regarding your health benefits via the 338 Member Portal.  You may change your preferred method of notification by contacting the Fund Office via phone at 516-294-1338 ext. 1776 or by sending a message through the Portal’s communication/messages section.  

LIABILITY DISCLAIMER:
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE 338 MEMBER PORTAL MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ENTITIES AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE 338 MEMBER PORTAL AT ANY TIME. ADVICE RECEIVED VIA THE 338 MEMBER PORTAL SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

ENTITIES AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE 338 MEMBER PORTAL FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. ENTITIES AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ENTITIES AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE 338 MEMBER PORTAL, WITH THE DELAY OR INABILITY TO USE THE 338 MEMBER PORTAL OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE 338 MEMBER PORTAL, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ENTITIES OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE 338 MEMBER PORTAL, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE 338 MEMBER PORTAL.

CONTACT: 516-234-1338 ext. 1776

TERMINATION/ACCESS RESTRICTION:
ENTITIES reserves the right, in its sole discretion, to terminate your access to the 338 Member Portal and the related services or any portion thereof at any time, without notice.

GENERAL:
To the maximum extent permitted by law, this agreement is governed by the laws of the State of New York, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Nassau County, New York, in all disputes arising out of or relating to the use of the 338 Member Portal. Use of the 338 Member Portal is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and ENTITIES as a result of this agreement or use of the website. ENTITIES' performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of ENTITIES' right to comply with governmental, court and law enforcement requests or requirements relating to your use of the website or information provided to or gathered by ENTITIES with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and ENTITIES with respect to the 338 Member Portal and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and ENTITIES with respect to the website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be drawn up in English.

COPYRIGHT NOTICE:
All contents of the 338 Member Portal are: © 2016 ENTITIES, Inc. Services and/or its suppliers. All rights reserved.

TRADEMARKS:
The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred. Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT:
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.

BROWSING OUR WEBSITE:
In the normal course of visiting the web site, viewing pages, or downloading information, we will gather and store certain information about your visit automatically. We use this information to help us make the site more useful to visitors -- to learn about the number of visitors to our site and the types of technology our visitors use. Unless it is specifically stated otherwise, no additional information will be collected about you.
This information does not identify you personally. We can automatically collect and store the following types of information about your visit:
•    Your computer's Internet Protocol (IP) address. (An IP address is a number that is automatically assigned to your computer whenever you go on the Web.)
•    The domain from which you access the Internet (for example, aol.com, if you are connecting from an America Online account)
•    The Internet address of the Web site, if any, from which you came to our site.
•    The date and time you arrived at our site and how long you spent visiting the site.
•    The name and version of your computer's operating system and browser: for example, Windows 95/Netscape Navigator 4.5. (This information is supplied automatically by your computer.)
•    The pages you visit.

WE DO NOT OFFER YOU MEDICAL ADVICE ON OUR WEBSITE. Our website provides only information about your union, and your benefits, including, where applicable, your health benefits as provided by Entities.  Mention of specific products or services at this site does not constitute or imply a recommendation or endorsement by Entities unless it is explicitly stated. The views and opinions of authors do not necessarily state or reflect those of Entities. This web site may provide specific health information, none of which is intended to be specific to your medical condition. Nothing contained, expressly or implied, at this site is intended or shall be construed as medical or other professional advice by Entities.
For specific medical advice, diagnosis and treatment, contact your personal physician.

Although we try to keep our website current, information and web links change constantly. We are therefore not responsible for the accuracy, reliability, completeness, currentness, or timeliness of the content at our web site. Similarly, we offer links to other sites only for your convenient access to additional information and education. We do not monitor the content of linked websites and do not endorse or assume responsibility for such content.
Statement for Retirement Plan Benefit Statements
The values in this retirement calculation should not be viewed as guaranteed, but rather as estimates of your future benefits. If there is any discrepancy between Plan Documents and the information presented here, the terms of the Plan Documents will govern. The 338 Retirement Fund reserves the right to correct any errors in this statement.  Actual benefits are, of course, subject to verification before any payments are authorized.

Please review the pension benefit calculations carefully, including information regarding your years of service and full-time versus part-time status. Contact the Plan Administrator toll-free within 60 days of the date of this calculation if you have reason to believe information stated here is inaccurate.