Terms and Conditions
Your use of any and all web sites (the "Web Sites") operated by The Church Pension Fund, a New York corporation, and its affiliates and subsidiaries, collectively known as Church Pension Group ("CPG"), is expressly subject to these terms and conditions of use ("Terms and Conditions"), as well as all applicable laws and regulations. Please read these Terms and Conditions carefully. If you do not accept and agree to be bound by any of these Terms and Conditions, you are not authorized to access or otherwise use any of the Web Sites or any information, Content (as defined below) or Services(as defined below) contained on the Web Sites. Your access to and use of any of the Web Sites constitute your acceptance of and agreement to abide by each of these Terms and Conditions set forth below. These Terms and Conditions may be changed, modified, supplemented or updated by CPG from time to time without advance notice by posting here and you will be bound by any such changed, modified, supplemented or updated Terms and Conditions if you continue to use any of the Web Sites after such changes are posted. You are encouraged to review the Web Sites and these Terms and Conditions periodically for updates and changes.
The Web Sites provide you with access to an online collection of information and materials and certain online services ("Services"). These materials may include insurance applications, policy forms, benefit plans and other information related to certain CPG products and services ("Products and Services"). The Web Sites are intended for use only by users who are at least 18 years of age and are not barred or restricted from using any of the Web Sites under the laws of the United States or other applicable jurisdiction.
Limited License and Site Access
CPG hereby grants you a limited license to access and make personal use of the Web Sites, but not to download (other than page caching) or modify them, or any portion of them, except for your own personal use, as contemplated by certain pages or with express written consent of CPG. For example, you may download documents or forms from the Web Sites if CPG expressly states that such documents or forms may be downloaded. However, you may not download or modify CPG's Marks (as defined below) except for your own personal use or if CPG gives you permission to do so. This license does not include any resale or commercial use of any of the Web Sites or their Contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Web Sites or their contents; or any use of data mining, robots, or similar data gathering and extraction tools. The Web Sites or any portion of the Web Sites may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of CPG. You may not use any meta-tags or any other "hidden text" utilizing any of CPG's name(s) or service marks without the express written consent of their owners. Any unauthorized use terminates the permission or license granted by CPG.
Use and Ownership of Content
You acknowledge and agree that the Web Sites (including the arrangement thereof) and all of their content, such as text, pictures, graphics, logos, button items, works of authorship, proprietary software, data, information, images, music, sound, video, services and other material ("Content"), are owned by CPG and/or its third party content providers ("Content Providers"). Unless otherwise indicated, any new Content or Products and Services added to any of the Web Sites will also be subject to these Terms and Conditions effective upon the date of any such addition.
The Content is protected by copyright, trademark and other intellectual property laws in the United States and internationally. The compilation (meaning the collection, arrangement and assembly) of all Content and proprietary software is also the exclusive property of CPG and is protected by U.S. and international copyright laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. You may use the Web Sites and the Content only (i) for your own personal, non-commercial use, or (ii) for the use of any affiliate of The Episcopal Church, provided in each case that you must retain all copyright, trademark and other proprietary notices contained in the original Content on any copy you make of the Content. Except as otherwise expressly stated herein, you may not alter, modify, copy, distribute (for compensation or otherwise), transmit, display, perform, reproduce, reuse, post, publish, license, frame, download, store for subsequent use, create derivative works from, transfer, or sell any information or Content obtained from any of the Web Sites, in whole or in part, including any text, images, audio, and video in any manner, without the prior written authorization of CPG or any applicable third party suppliers. The use of Content, including images, by you, or anyone else authorized by you, is prohibited unless specifically permitted by CPG. Any unauthorized use of text or images may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes. CPG does not warrant or represent that your use of Content, Services or any other materials displayed on the Web Sites will not infringe rights of third parties. The use of the Content on any other web site or in a networked computer environment for any purpose is prohibited except as specified in this section. Each Content Provider is a third-party beneficiary hereunder to the extent necessary to enforce its proprietary rights in the Content.
Trademarks and Service Marks
The Web Sites may contain trademarks or service marks of CPG (the "Marks"). The domain name for the Web Sites, CPG's logos, all page headers, custom graphics, and button icons are service marks, trademarks, logos, and/or trade dress of CPG. All other trademarks, service marks, trade dress, product names, company names or logos, whether registered or not, on the Web Sites are the property of their respective owners. In addition to complying with all applicable laws, you agree that you will not use any such trademarks, service marks, trade dress, or other logos from any of the Web Sites without the prior written authorization of CPG. Furthermore, these Marks may not be used in any way, except with the express written permission of CPG, in any manner likely to cause confusion, dilute the Marks, or in any manner to discredit CPG.
For information obtained from the Content Providers, you are solely responsible for compliance with copyright, trademark and other proprietary rights and restrictions and are referred to publication data appearing in bibliographic citations, as well as to the copyright notices appearing in the original publications.
If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of the Content.
Unless otherwise provided, any proprietary software accessible through any of the Web Sites is the property of CPG or its suppliers and is protected by patent, trade secret, and copyright laws and international treaties. Any use of such software by you other than as required to navigate and to utilize the intended functionality offered through the Web Sites is prohibited. You agree not to copy, distribute, publicly display, alter, modify, decompile, disassemble, reverse engineer or otherwise attempt to discover the source code of the such software. Further, you agree not to access the Services or Content by any means other than the interface provided by CPG through the Web Sites for your use in accessing the Services and Content. The proprietary software provided on the Web Sites is owned by or licensed to CPG, and may contain technology that is subject to strict controls pursuant to export control laws and regulations of the United States of America and other countries and jurisdictions. You shall not copy, transfer or export such software in violation of such applicable export laws and regulations. CPG does not authorize the downloading or exportation of any software or technical data from the Web Sites to any jurisdiction prohibited by such export controls laws and regulations.
You are responsible for providing and maintaining, at your own risk, option and expense, any hardware, software and communication lines required to access and use the Web Sites, and CPG reserves the right to change the access configuration of the Web Sites at any time without prior notice.
Linking and Framing
You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of CPG without CPG's express written consent. Except where prohibited herein, you are granted a limited, revocable, and nonexclusive right to provide a hyperlink from a web site operated by you directly to any CPG Web Site. Without CPG's express written permission, you shall not (i) link to any part of the Web Sites through the use of frames, inline links or any similar technology whereby the Content will be displayed without leaving the linking web site, (ii) use any Mark, logo or Content as part of a link, and/or (iii) intentionally or unintentionally create any link implying that an endorsement or affiliation with CPG (or The Episcopal Church that it serves) exists when that is not the case. You shall immediately comply with any request from CPG to remove any link to any CPG Web Site.
Use of Databases and Queries
You may not use any information obtained from the Web Sites or any CPG database to allow, enable, or otherwise support the transmission of any advertising or commercial solicitations via any means of communication, bulk or otherwise. You are not authorized to access or query any electronic database contained within the Web Sites through the use of automated electronic processes. The data provided in any CPG databases is provided for information and/or communication purposes only. The compilation, repackaging, dissemination or other use of any data from the Web Sites or any CPG database is expressly prohibited without the prior written consent of CPG. CPG reserves the right to terminate your access to any CPG database in its sole discretion, including, without limitation, for excessive querying or for failure to otherwise abide by this policy.
Products and Services
Due to various insurance and other regulatory restrictions, certain Products and Services described on the Web Sites may not be available to all users. Also, Products and Services may vary by jurisdiction and may not be offered by all of CPG's companies, nor are all Products and Services available or suitable in all jurisdictions. EXCEPT AS EXPRESSLY STATED IN CERTAIN PAGES, THE INFORMATION CONTAINED ON THE WEB SITES IS NOT AN OFFER TO SELL OR A SOLICITATION TO BUY ANY SECURITY, INSURANCE PRODUCT, OR OTHER PRODUCT OR SERVICE BY CPG. No security, insurance product or other product or service is offered or will be sold by CPG or, if sold by CPG, will be effective in any jurisdiction in which such offer or solicitation, purchase or sale would be unlawful under the securities, insurance or other laws of such jurisdiction.
The information on the Web Sites is provided to you for informational purposes only and should not be viewed as investment, tax or other advice. Please consult with your personal tax, financial, legal or other advisors before making any investments or purchasing any Products and Services.
For complete details of insurance coverage and benefit plans, including exclusions and limitations that may affect the payment of benefits, see the actual policies and plan documents. Fees, other terms and restrictions may apply.
In the event of a conflict between the information contained on the Web Sites and the official plan documents, the plan documents will govern. CPG retains the right to amend, terminate or modify the terms of any benefit plans described on the Web Sites at any time, without notice and for any reason.
Information contained on the Web Sites has been prepared by CPG as a convenience to its users and is not intended to constitute advice or recommendations upon which you may rely. CPG has used reasonable efforts in collecting, preparing and providing quality information and material, but makes no warranty or guarantee about the accuracy, completeness, or adequacy of the information contained in or linked to any of the Web Sites. Users relying on information from the Web Sites do so at their own risk.
The information and descriptions contained herein are not intended to be complete descriptions of the terms, exclusions and conditions applicable to the Products and Services, but are provided solely for general informational purposes; please refer to the actual policy or the relevant product or services agreement for complete terms, exclusions and conditions. Should you purchase any CPG product from CPG or a third party, the terms and conditions applicable to that transaction will govern such purchase, and your use of the Web Sites does not affect that purchase in any manner.
The Web Sites may provide you with planning and educational tools, including calculators. Such tools and calculators may allow you to model "what-if" scenarios, the results of which are illustrative and are based on the information and assumptions identified. There is no guarantee that the results shown are necessarily accurate or will be achieved. In addition, these tools and calculators are not part of any planning report for which you may have paid a fee, even if the tools and calculators include information derived from or contained in a report.
YOUR USE OF THE WEB SITES IS AT YOUR SOLE RISK. ALL SERVICES, CONTENT AND SOFTWARE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS WITH ALL FAULTS AND WITHOUT ANY WARRANTIES OF ANY KIND. CPG, TO THE FULLEST EXTENT PERMITTED BY LAW, EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY'S RIGHTS, OWNERSHIP, ACCURACY OF INFORMATIONAL CONTENT, AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. CPG MAKES NO REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT OR ABOUT THE RESULTS TO BE OBTAINED FROM USING THE WEB SITES AND THE CONTENT.
Limitation of Liability
YOU UNDERSTAND AND AGREE THAT CPG WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PRODUCTS, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF CPG HAS BEEN ADVISED OF THE POSSIBILITIES OF THOSE DAMAGES, RESULTING FROM YOUR USE OR INABILITY TO USE ANY OF THE WEB SITES, SERVICES, CONTENT OR SOFTWARE, THE COST OF OBTAINING SUBSTITUTE PRODUCTS AND SERVICES RESULTING FROM ANY LOSS OF DATA, INFORMATION, PRODUCTS OR SERVICES OBTAINED FROM PURCHASES OR TRANSACTIONS ENTERED INTO THROUGH THE WEB SITES, OR STATEMENTS OR CONDUCT OF ANY THIRD PARTY, OR ANY OTHER MATTER RELATED TO THE WEB SITES, SERVICES, CONTENT OR SOFTWARE. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEB SITES IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO SUE CPG DIRECTLY OR TO PARTICIPATE IN A CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE WEB SITES OR THE CONTENT.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, INCLUDING, BUT NOT LIMITED TO INCIDENTAL OR CONSEQUENTIAL DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Any use or attempted use of any of the Web Sites (i) for any unlawful, unauthorized, fraudulent or malicious purpose, or (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, or (iii) interfere with any other party's use and enjoyment of the Web Sites, or (iv) to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means, or (v) to access systems, data or information not intended by CPG to be made accessible to a user, or (vi) attempt to obtain any materials or information through any means not intentionally made available by CPG, or (vii) any use other than the business purpose for which it was intended, is prohibited. In addition, in connection with your use of the Web Sites, you agree you will not:
- Upload or transmit any message, information, data, text, software or images, or other content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another's right of privacy or publicity;
- Create a false identity for the purpose of misleading others or impersonate any person or entity, including but not limited to any CPG representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Upload or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements);
- Upload files that contain viruses, trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another;
- Delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;
- Use any of the Web Sites' communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text);
- Upload or transmit any unsolicited advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes" or any other form of solicitation, commercial or otherwise;
- Violate any applicable local, state, national or international law or regulation;
- Upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party;
- Delete or revise any material posted by any other person or entity;
- Register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any Product and Service if you are not expressly authorized by such party to do so; or
- Harvest or otherwise collect information about others, including e-mail addresses.
Right to Monitor
CPG neither actively monitors general use of any of the Web Sites under normal circumstances nor exercises editorial control over the content of any third party's web site, electronic mail transmission, news group, or other material created or accessible over or through the Web Sites. If notified by a user of postings that allegedly do not conform to these Terms and Conditions, CPG may investigate the allegation and determine in good faith and in its sole discretion whether to remove or request the removal of the posting. CPG has no liability or responsibility to users for performance or nonperformance of such activities. CPG reserves the right to expel users and prevent their further access to the Web Sites for violating these Terms and Conditions or the law and the right (but not the obligation) to remove communications that are abusive, illegal, or disruptive. However, CPG does reserve the right to monitor such use at any time as it deems appropriate and to remove any materials that, in CPG's sole discretion, may be illegal, may subject CPG to liability, may violate these Terms and Conditions, or are, in the sole discretion of CPG, inconsistent with CPG's purpose for the Web Sites.
No CPG Editorial Control of Third Party Content
No Statement as to Accuracy
To the extent that any of the Content included in any of the Web Sites is provided by third party content providers, CPG has no editorial control or responsibility over such Content. Therefore, any opinions, statements, services or other information expressed or made available by third party suppliers on any of the Web Sites are those of such third party suppliers. CPG does not represent or endorse the accuracy or reliability of any opinion, statement or other information provided by any third party, or represent or warrant that your use of the Content displayed on any of the Web Sites or referenced content or service providers will not infringe rights of third parties not owned by or affiliated with CPG. You acknowledge that any reliance on material posted by other users will be at your own risk. Statements posted on the Web Sites by other users shall not be attributable to CPG, nor shall CPG have any liability or responsibility in connection with such postings.
Copyright Infringement Claims
CPG's Designated Agent for receipt of Notification of Claimed Infringement is:
Church Pension Group
Office of the General Counsel
19 East 34th Street
New York, NY 10016
If you believe that material posted on the Web Sites infringes on your copyrights, you must send a Notification of Claimed Infringement to the Designated Agent listed above containing the following information: (i) signature of the copyright owner or their agent, (ii) identification of the copyright work claimed to have been infringed, (iii) identification of the material that is claimed to be infringing, and information sufficient to locate the material, (iv) information on how to contact the complaining party, (v) a statement of your good faith belief that use of the material in the manner is not authorized by the copyright owner, its agent, or the law, and (vi) a statement that the information in the notice is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of the material that is allegedly infringed.
Upon receipt of a notification of claimed infringement that the meets the requirements set forth above, CPG will promptly remove or block access to the allegedly infringing material, and CPG will notify the user who posted the material. Upon receipt of a notification that does not comply with the requirements listed above, but which substantially identifies the copyrighted material, the infringing material, and you, CPG will take reasonable steps to assist in the receipt of proper notification.
If you receive notification from CPG that CPG has blocked allegedly infringing material posted by you, you may send a written counter-notification to the Designated Agent listed above containing the following information: (i) your signature, (ii) identification of the material that has been blocked or removed, (iii) statement under penalty of perjury that you have a good faith belief that the removal or blockage was a result of mistake or misidentification of the material, and (iv) your name, address, and phone number and a statement that you consent to jurisdiction of the U.S. District Court for the district in which you are located, or if you are outside of the U.S., for the U.S. District Court for the Southern District of New York, and that you will accept service of process from the complaining party or their agent.
Upon receipt of counter-notification meeting the requirements set forth above, CPG will notify the complaining party that CPG will replace or unblock the material in ten business days unless CPG receives notice that the copyright owner has filed a court action seeking to restrain the alleged infringement.
Links to Other Sites
Any notices to you from CPG regarding the Web Sites or these Terms and Conditions will be posted on the Web Sites or made by e-mail or regular mail.
Password Accounts, Passwords, and Security
If you have been given the option to open an account on any of the Web Sites which will provide you with access to password protected portions of the Web Sites and you elect to do so, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form, and choose a password and user name. You are entirely responsible for maintaining the confidentiality of your password and account and for any and all activities that occur under your account. You agree to (a) immediately notify CPG of any unauthorized use of your account or any other breach of security of which you become aware, and (b) exit completely from your account at the end of each online session. CPG will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by CPG or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.
You agree to defend, indemnify, and hold harmless CPG, its officers, directors, members, employees, owners and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, resulting from your use of any of the Web Sites, including but not limited to all postings by you, your use of the Content or your breach of these Terms and Conditions. CPG shall provide notice to you promptly of any such claim, suit or proceeding and shall provide reasonable assistance to you, at your expense, in defending any such claim, suit or proceeding.
Governing Law and Jurisdiction
These Terms and Conditions of use are governed by the substantive laws of the State of New York, without regard to its or any other jurisdiction's laws governing conflicts of law. You expressly agree that exclusive venue for any dispute with CPG or in any way relating to your use of the Web Site resides in the state and federal courts located in New York City, New York. You further agree and expressly consent to the exercise of personal jurisdiction in the above-referenced courts in connection with any such dispute, including but not limited to any claim involving CPG or its affiliates, subsidiaries, employees, shareholders, directors, contractors, officers, telecommunication providers and content providers.
To the maximum extent possible, each of the disclaimers and each of the provisions of the Terms and Conditions shall be interpreted in such a manner as to be valid and enforceable under applicable law. If any provision hereunder is held to be invalid or unenforceable under applicable law, such provision shall be deemed modified so as to be rendered valid and enforceable while implementing, to the greatest extent possible, the original intent of such provision. If such reformation is not possible or permitted, the invalidity or unenforceability of such a provision shall not otherwise impact the validity or enforceability of the remaining provisions hereunder.
No waiver of any term or condition herein shall be deemed a further or continuing waiver of such term or condition or any other term or condition. CPG reserves the right to modify these Terms and Conditions without notice to you, and your continued use of the Web Sites after such modifications will make such modifications binding on you.