Terms and Conditions of Use

The Producer-Writers Guild of America Pension Plan and the Writers’ Guild-Industry Health Fund (the “Pension Plan and Health Fund”) provides you access to the Pension Plan and Health Fund web site and the information and other materials available on and through the web site (the “Site”) subject to your compliance with the terms and conditions as set forth herein (the “Terms and Conditions”). If you do not agree with any of the Terms and Conditions, DO NOT USE THIS SITE. Your continued use of this Site evidences your agreement to be bound by each of the Terms and Conditions and constitutes a legally binding contract between you and the Pension Plan and Health Fund.

THE INFORMATION PROVIDED ON THIS SITE IS INTENDED ONLY TO PROVIDE YOU WITH A THUMBNAIL SKETCH OF THE PENSION PLAN AND HEALTH FUND AND THE BENEFITS PROVIDED BY THE PENSION PLAN AND HEALTH FUND. YOU CANNOT RELY UPON THE INFORMATION PROVIDED ON THIS SITE. THE INFORMATION IS NOT INTENDED TO ADVISE REGARDING ANY REAL LIFE PROBLEM OR SITUATION, BE COMPLETE ADVICE OR BE INCLUSIVE, AND IS NOT INTENDED TO COVER EVERY PARTICIPANT CONTINGENCY. YOU SHOULD CONSULT WITH THE PENSION PLAN AND HEALTH FUND OFFICE FOR COMPLETE INFORMATION ABOUT YOUR INDIVIDUAL SITUATION.

THE PENSION PLAN AND HEALTH FUND PRODUCTS

The Pension Plan and Health Fund are employee benefit plans.

INTELLECTUAL PROPERTY

All text, graphics, multimedia content or other material available from the entry point URL http://www.wgaplans.org and pages within that domain and all related code, including but not limited to films, images, text, graphics, logos, icons, layouts, arrangements, displays, illustrations, audio and video clips, HTML, other mark-up languages, and all scripts and software within this Site (“Material(s)”) are the property of the Pension Plan and Health Fund and/or its affiliates or licensors and are protected by copyrights and other proprietary intellectual property rights that are owned or controlled by the Pension Plan and Health Fund or by other parties that have licensed their Material to the Pension Plan and Health Fund. Material from the Site may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed, modified, transferred, sold, displayed, or in any way commercially exploited in whole or in part except that you may download one copy of the Materials on any single computer for your personal, noncommercial use, and one single permanent copy to be used by you, provided you keep intact any copyright and other proprietary notices on the Materials and do not modify the Materials in any way. You must obtain the prior written consent of the Pension Plan and Health Fund for any other use or distribution of the Materials. Modification of the Materials or use of the Materials for any other purpose is a violation of copyright and other proprietary rights and the use of any such Material on any other web site or computer environment is strictly prohibited.

SERVICE MARKS

“PRODUCER-WRITERS GUILD OF AMERICA PENSION PLAN” and “WRITERS’ GUILD INDUSTRY HEALTH FUND” and the Pension Plan and Health Fund’s logo are the service marks of the Pension Plan and Health Fund. All other trademarks, service marks and logos used on this Site, with or without attribution, are the trademarks, service marks or logos of their respective owners.

USER CONDUCT

In order to access and use the Site, you agree that you will comply with all of the Terms and Condition set forth herein and will not (a) reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site; or (b) use the Pension Plan and Health Fund’s name, URL, trademarks, server, or other materials in connection with, or to transmit, any unsolicited communications or “spam.” For the purposes of this agreement, “spam” has the meaning generally understood among Internet users.

In addition, you may not post, upload, or transmit to the Site or to the Pension Plan and Health Fund servers any communications, text, graphics or other information (collectively, “Unauthorized Content”) that: (a) is obscene, fraudulent, indecent, or that defames, abuses, harasses, or threatens others; (b) contains any viruses, Trojan horses, worms, time bombs, cancelbots, or other disabling devices or other harmful component intended to or that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information; (c) advocates or encourages any illegal activity; (d) infringes the copyright, patent, trademark, trade secret, right of publicity, or other intellectual property or proprietary right of any third party; (e) violates the privacy of individuals, including, but not limited to, other users of the Site; or (f) violates any applicable local, state, national or international law.

NO WARRANTIES

THIS SITE AND ANY CONTENT OR INFORMATION CONTAINED WITHIN THE SITE ARE PROVIDED “AS IS” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE PENSION PLAN AND HEALTH FUND DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING (BUT NOT LIMITED TO) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE.

IN ADDITION, THE PENSION PLAN AND HEALTH FUND DOES NOT WARRANT THAT THE FUNCTIONS ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS IN OR ON THE SITE WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU (AND NOT THE PENSION PLAN AND HEALTH FUND) ASSUME THE ENTIRE RISK OF ANY RELIANCE ON THESE MATERIALS.

Under no circumstances will the Pension Plan and Health Fund be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content posted, emailed or otherwise transmitted via the Site.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL THE PENSION PLAN AND HEALTH FUND, ITS AFFILIATES OR ITS SUBSIDIARIES, OR THE RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SPONSORS, AND OTHER PARTNERS OF EACH BE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, THE SERVICES AVAILABLE ON THE SITE OR INFORMATION CONTAINED WITHIN THE SITE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, THE PENSION PLAN AND HEALTH FUND’S ENTIRE LIABILITY UNDER THESE TERMS AND CONDITIONS SHALL BE LIMITED TO THE AMOUNT PAID FOR USE OF THE SITE, IF ANY. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR SITE-RELATED SERVICES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.

LINKING TO OTHER SITES AND TRANSACTIONS ON OTHER SITES.

This Site contains links to pages on other web sites (“Linked Sites”), and those Linked Sites may offer products and/or services for sale or provide medical or other advice. The Pension Plan and Health Fund does not author, edit, control, or monitor these Linked Sites. You acknowledge and agree that the Pension Plan and Health Fund has no responsibility for the accuracy or availability of information provided by Linked Sites and that the Pension Plan and Health Fund does not control or endorse the sponsors of such Linked Sites or the content, products, advertising, or other materials presented on such Linked Sites.

THE PENSION PLAN AND HEALTH FUND WILL NOT BE LIABLE FOR ANY TRANSACTIONS CONDUCTED WITH THIRD PARTIES OR ANY LIABILITY ARISING FROM THE REPRESENTATIONS OR INFORMATION PROVIDED ON SUCH LINKED SITES. THE PENSION PLAN AND HEALTH FUND IS NOT AND WILL NOT BE RESPONSIBLE FOR (I) THE TERMS AND CONDITIONS OF ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY, (II) ANY INSUFFICIENCY OF OR PROBLEMS WITH ANY SUCH THIRD PARTY’S BACKGROUND, INSURANCE, CREDIT OR LICENSING, (III) THE QUALITY OF SERVICES PERFORMED BY ANY SUCH THIRD PARTY OR ANY OTHER LEGAL LIABILITY ARISING OUT OF OR RELATED TO THE PERFORMANCE OF SUCH SERVICES, OR (IV) ANY CONTENT ON THE THIRD PARTY SITES, OR THE QUALITY OF ANY PRODUCT SOLD BY ANY SUCH THIRD PARTY, THE ACCURACY OF ANY ADVICE GIVEN BY SUCH THIRD PARTY, OR ANY OTHER LEGAL LIABILITY ARISING OUT OF OR RELATED TO PRODUCTS SOLD OR ADVICE GIVEN BY SUCH THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, ANY PRODUCT LIABILITY AND ANY MALPRACTICE LIABILITY. IF YOU HAVE A DISPUTE WITH ANY SUCH THIRD PARTY OR ANY THIRD PARTY’S WEB SITE, PRODUCTS AND/OR SERVICES, YOU RELEASE THE PENSION PLAN AND HEALTH FUND (AND ITS AGENTS, PRINCIPALS AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

Criteria for Links

Our goal is to place links on our Site to other web sites that contain information that you may find relevant and related to our mission. We will link only to the public pages of such Linked Sites, and we will not create any hyperlink to any page included in member-dedicated areas.

We appreciate that Linked Sites may contain material in which the operator of the Linked Sites has intellectual property rights. We respect those rights and provide the links for information purposes only. The fact that we have linked to any Linked Site does not create or imply any relationship or partnership with the operator of such Linked Site.

Removal Process for Links

We will review links from our Site regularly, and may remove such Links for the following reasons:

1. The link no longer points to the original information or resource to which it was intended to point.

2. The information pointed to by the link is inaccurate, misleading or otherwise is inconsistent with our goals.

3. Access to the information has become difficult due to non-standard formatting, lengthy download times, or intrusive advertising.

4. The link is permanently unreachable or remains unavailable for a lengthy period, especially if we are unable to contact the site manager about the site’s status.

5. Any Customers of the externally linked site excessively burden the Site participant support system.

6. We determine, in our sole judgment, that we want to revise our Site by removing the link.

Links to the Site

The Pension Plan and Health Fund’s service marks and logo are unique to the organization, and their use is protected by federal law through trademark registration. Their use is restricted to the Pension Plan and Health Fund unless written permission is received from the Administrative Office. If you wish to create a link to the site on a web site maintained by you, please send a written request with your web site URL to webmaster@wgaplans.org.

Fees or Commissions Not Authorized

The Pension Plan and Health Fund does not accept fees or commissions of any kind for links or “hits” from or to our Site.

INDEMNITY

You agree to indemnify and hold the Pension Plan and Health Fund and its affiliates, subsidiaries, and the respective officers, directors, agents, employees, sponsors, and partners of each harmless from any claim or demand, including, but not limited to, reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site, your connection to the Site, your violation of these Terms and Conditions, or your violation of any rights of another party.

TERMINATION OF THE SITE

The Pension Plan and Health Fund may, in its sole discretion and in addition to any other remedies available to the Pension Plan and Health Fund, with or without cause withdraw, suspend or discontinue at any time and from time to time any Materials, information, content or services available on the Site, and any functionality or features in or on the Site, including, but not limited to, the cessation of all activities associated with the Site, with or without notice.

LIMITED DISTRIBUTION AND TERRITORIAL CONSIDERATIONS

This Site is controlled and operated by the Pension Plan and Health Fund from its offices within the State of California, U.S.A. The Pension Plan and Health Fund makes no representation that materials on the Site are appropriate or available for use in other locations. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Use of or access to the Site shall not be construed as the purposeful availment of the benefits or privilege of doing business in any state other than the State of California by the Pension Plan and Health Fund.

GOVERNING LAW AND JURISDICTION

This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of California, as it is applied to agreements entered into and to be performed entirely within California and without giving effect to any principles of conflicts of laws. You agree that any lawsuit or other action brought by the Pension Plan and Health Fund, you or any third party to enforce the Terms and Conditions, or in connection with any matters related to this Site, shall be subject only to the jurisdiction of either the state or federal courts located in Los Angeles County, California.

SEVERABILITY

If any provision of the Terms and Conditions is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and Conditions, and shall not affect the validity and enforceability of any remaining provisions.

NO WAIVER

Any delay or failure on the part of the Pension Plan and Health Fund to enforce any rights under these Terms and Conditions at law or in equity to which it may be entitled shall not, in any event, be construed as a waiver of the right and privilege to do so at any subsequent time.

MODIFICATIONS

The Pension Plan and Health Fund reserves the right to change or modify the Terms and Conditions at any time. The Terms and Conditions shall not be modified except in writing, as posted on this Site by the Pension Plan and Health Fund. Any change or modification made by the Pension Plan and Health Fund will be effective immediately upon posting on the Site and your continued use of the Site means that you have agreed to accept any changes or modifications made by the Pension Plan and Health Fund.