The Producer-Writers Guild of America Pension Plan and the Writers’ Guild-Industry Health Fund (the “Pension Plan and Health Fund”, “we”, “us”, “our” or other similar pronouns) provides you access to the Pension Plan and Health Fund website (the “Site”) and related mobile applications (each, an “App” and collectively with the Site, the “Services”) and the information and other materials available on and through the Services 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, you may not use the Services. Your continued use of the Services evidences your agreement to be bound by the Terms and Conditions and constitutes a legally binding contract between you and the Pension Plan and Health Fund.
THE INFORMATION PROVIDED ON THE SERVICES 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 THE SERVICES. 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 and Ownership of Services Content
All text, graphics, multimedia content or other material available from the entry point URL https://www.wgaplans.org and pages within that domain, the App, and all related code within the Services, 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 the Services (“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. Subject to the terms contained within these Terms and Conditions, the Pension Plan and Health Fund grants you a limited, non-exclusive and nontransferable license to download, install and use the applicable App for your personal, non-commercial use on a single mobile device owned or otherwise controlled by you strictly in accordance with the App’s documentation.
Material from the Services 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 or mobile device 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 website, app or computer environment is strictly prohibited.
“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 the Services, with or without attribution, are the trademarks, service marks or logos of their respective owners.
In order to access and use the Services, 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 Services; 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.
You may not “harvest” (or collect) information from the Services using an automated software tool or manually on a mass basis (unless we have given you separate written permission to do so). This includes, for example, information about other users of the Services and information about the offerings and products available on the Services. You may not use automated means to access the Services, or gain unauthorized access to the Services or to any account or computer system connected to the Services. This prohibition does not apply to search engines accessing the Site solely for web indexing purposes. You may not obtain, or attempt to obtain, access to areas of the Services or related systems that are not intended for access by you. You may not circumvent or reverse engineer the Services or any of its systems.
In addition, you may not post, upload, or transmit to the Services 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 Services; or (f) violates any applicable local, state, national or international law.
You must comply with all applicable laws and contractual obligations when you use the Services.
Services Registration and Log In
To access certain features or areas of the Services, you may be required to provide personal and/or demographic information as part of a Services registration or log-in process. In addition, certain features of the Services are only available to members or requested users, and to access those areas of the Services you will be required to log in using your username and email password.
You agree to provide true, accurate, current and complete information about yourself as prompted by the applicable registration or log-in form. You agree that you are responsible for keeping such information up-to-date (this includes your contact information, so that the Pension Plan and Health Fund can reliably contact you). The information you submit must describe you (you may not impersonate another person or entity), and you may not sell, share or otherwise transfer your account information.
You are responsible for all activity occurring when the Services are accessed through your account, whether authorized by you or not. Therefore, if you create an account, be sure to protect the confidentiality of your account password. The Pension Plan and Health Fund is not liable for any loss or damage arising from your failure to protect your password or account information.
You acknowledge that when you download, install, or use the App, the Pension Plan and Health Fund may use automatic means (including, for example, cookies and web beacons) to collect information about your device, and about your use of the App. You may also be required to provide certain information about yourself as a condition to downloading, installing or using the App or certain of its features or functionality.
Changes to the Services
The Pension Plan and Health Funds reserves the right to modify, suspend or discontinue (temporarily or permanently), the Services or any portion of the Services. You agree that the Pension Plan and Health Fund will not be liable to you or to any third party for any such modification, suspension or discontinuance.
The Pension Plan and Health Fund may from time to time in their sole discretion develop and provide App updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that the Pension Plan and Health Fund has no obligation to provide any Updates or continue to provide or enable any particular features or functionality. Based on your device settings, when your device is connected to the internet either:
- the App will automatically download and install all available Updates; or
- you may receive notice of or be prompted to download and install Updates.
You shall promptly download and install all Updates and acknowledge and agree that the App or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the App and subject to the Terms and Conditions.
THE SERVICES AND ANY CONTENT OR INFORMATION CONTAINED WITHIN THE SERVICES 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. THIS MEANS THAT THE PENSION PLAN AND HEALTH FUND MAKE NO PROMISES THAT:
- THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME;
- THE SERVICES WILL MEET ANY PARTICULAR REQUIREMENTS OR PROVIDE ANY PARTICULAR RESULTS;
- THE INFORMATION ON THE SERVICES WILL BE ACCURATE OR UP-TO-DATE;
- THE SERVICES OR THE INFORMATION TRANSMITTED TO OR FROM IT OR STORED ON IT WILL BE SECURE FROM UNAUTHORIZED ACCESS; AND
- INFORMATION AND MATERIALS THAT YOU STORE IN YOUR ACCOUNT OR ON THE SERVICES WILL REMAIN RETRIEVABLE AND UNCORRUPTED.
IN ADDITION, THE PENSION PLAN AND HEALTH FUND DOES NOT WARRANT THAT THE FUNCTIONS ON THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS IN OR ON THE SERVICES WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVER THAT MAKES THE SERVICES 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. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES.
ALTHOUGH THE PENSION PLAN AND HEALTH FUND WILL TRY TO ENSURE THAT THE INFORMATION POSTED ON THE SERVICES IS ACCURATE AND UP-TO-DATE, THE PENSION PLAN AND HEALTH FUND RESERVES THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION (INCLUDING PRICING) AT ANY TIME. THE PENSION PLAN AND HEALTH FUND CANNOT, AND DO NOT, GUARANTEE THE CORRECTNESS, TIMELINESS, PRECISION, THOROUGHNESS OR COMPLETENESS OF ANY OF THE INFORMATION AVAILABLE ON THE SERVICES, NOR WILL THE PENSION PLAN AND HEALTH FUND BE LIABLE FOR ANY INACCURACY OR OMISSION CONCERNING ANY OF THE INFORMATION PROVIDED ON THE SERVICES. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE PENSION PLAN AND HEALTH FUND OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. THE PENSION PLAN AND HEALTH FUND HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN SOLUTIONS OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS, SUPPORT DOCUMENTATION, BY THE PENSION PLAN AND HEALTH FUND’S CUSTOMER SERVICE AND SUPPORT AGENTS, AND OTHERWISE ON THE SERVICES OR IN CORRESPONDENCE WITH THE PENSION PLAN AND HEALTH FUND OR ITS AGENTS. THE PENSION PLAN AND HEALTH FUND IS NOT RESPONSIBLE FOR ANY CONTENT OR MATERIALS POSTED TO THE SERVICES BY USERS, NOR FOR DISPUTES BETWEEN USERS, OR BETWEEN USERS AND THIRD PARTIES.
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 Services.
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 DAMAGES, INCLUDING, WITHOUT LIMITATION, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICES OR INFORMATION CONTAINED WITHIN THE SERVICES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR STRICT LIABILITY EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, THE PENSION PLAN AND HEALTH FUND’S ENTIRE LIABILITY AND THE LIABILITY OF OUR AFFILIATES, PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND CONTENT OR SERVICE PROVIDERS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY RELATING TO THE USE OF THE SERVICES UNDER THESE TERMS AND CONDITIONS SHALL BE LIMITED TO THE AMOUNT PAID FOR USE OF THE SERVICES, IF ANY. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES AND/OR RELATED PRODUCTS IS TO STOP USING THE SERVICES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, AND OUR AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS, IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.
Notice to California Consumers
Under California Civil Code Section 1789.3, California users of the Services receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
Terms for Apps Made Available on Apple iOS
The following terms of this section apply solely to Apps made available by us on iOS (or its successor operating system) (“Apple Apps”), and do not apply to any other aspect of the Services.
- You and we acknowledge that the Terms and Conditions are concluded between you and us, and not with Apple Inc. (“Apple”), and that, as among you, Apple and us, we, not Apple, are responsible for (a) the Apple Apps and the content thereof, (b) addressing any claims by you or any third party relating to the Apple Apps or your possession and/or use of that Apple App, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple Apps fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, and (c) the investigation, defense, settlement and discharge of any intellectual property infringement claim made by any third party that the Apple Apps or your possession and use of such Apple Apps in accordance with this Agreement infringes that third party’s intellectual property rights.
- You and we acknowledge that Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the Apple Apps.
- In the event of any failure of the Apple Apps to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App (if any). To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple Apps, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility as among you, Apple and us.
- You agree that you will only exercise the license granted to you above with regard to the Apple Apps in accordance with the Usage Rules set forth in the App Store Terms of Service.
- You and we acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of the Terms and Conditions, and that, upon your acceptance of the Terms and Conditions, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms and Conditions against you as a third party beneficiary thereof.
- You represent and warrant that (i) You are not located in a country that is subject to a U.S. Government embargo, or that is on Title 15, Part 740 Supplement 1 Country Group E of the U.S. Code of Federal Regulations; and (ii) are not listed on any U.S. Government list of prohibited or restricted parties.
- You acknowledge and agree that nothing in this section alters the disclaimers or other sections of the Terms and Conditions or creates or makes available to you any right, claim or cause of action against us that does not otherwise exist under the Terms and Conditions and applicable law.
Linking to Other Sites and Transactions on Other 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 Services to other websites 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:
- The link no longer points to the original information or resource to which it was intended to point.
- The information pointed to by the link is inaccurate, misleading or otherwise is inconsistent with our goals.
- Access to the information has become difficult due to non-standard formatting, lengthy download times, or intrusive advertising.
- 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.
- Any Customers of the externally linked site excessively burden the Services participant support system.
- We determine, in our sole judgment that we want to revise our Services 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 Services on a website maintained by you, please send a written request with your web site URL to [email protected]
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 Services.
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 Services, your connection to the Services, your violation of these Terms and Conditions, or your violation of any rights of another party.
Termination of the Services
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 Services, and any functionality or features in or on the Services, including, but not limited to, the cessation of all activities associated with the Services, with or without notice.
Limited Distribution and Territorial Considerations
The Services are 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 Services are appropriate or available for use in other locations. Those who choose to access the Services 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 Services 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
The Terms and Conditions 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 the Services, shall be subject only to the jurisdiction of either the state or federal courts located in Los Angeles County, California.
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.
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.
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 the Services 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 Services and your continued use of the Services means that you have agreed to accept any changes or modifications made by the Pension Plan and Health Fund.
Payment Refund Policy
You may request a refund of future premiums paid by contacting the Eligibility Department of the Administrative Office. All requests will be issued by check within 30-90 days of your initial request.
The Terms and Conditions and any additional terms and conditions that are referenced herein or otherwise may apply to specific areas of the Services, constitute the entire agreement between you and the Pension Plan and Health Fund with respect to the Services. This agreement is personal to you and you may not assign it to anyone.
The Terms and Conditions are not intended to benefit any third party, and do not create any third party beneficiaries, except as otherwise expressly provided in the “Terms for Apps Made Available on Apple iOS” section above. Accordingly, the Terms and Conditions may only be invoked or enforced by you or us.
YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO USE OF THE SERVICES, OR THE TERMS AND CONDITIONS, MUST BE FILED BY YOU WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ACCRUED OR BE PERMANENTLY BARRED.
Last Updated: September 1, 2020