TERMS OF USE AND PRIVACY POLICY

GENERAL

By accessing, browsing and/or using this website, you acknowledge that you have read, understood, and agree to be bound by these terms of use and privacy policy (these “Terms”) and to comply with all applicable laws and regulations. If you do not agree to these Terms, do not use this website.

The purpose of this website is to provide information about Culinary Health Fund and the pension and welfare benefits and the other services provided by Culinary Health Fund, and to facilitate the provision of such benefits and services.

The information on this website is intended for Culinary Health Fund’s participants and their dependents/beneficiaries and Culinary Health Fund’s providers, and is intended for informational and certain payment uses only. This website cannot amend, modify or affect the official plan documents (the “Plan Documents”) in any way. In the event of any difference or conflict between this website, the applicable Summary Plan Descriptions and the applicable Plan Documents, the applicable Plan Documents will control. In addition, neither you nor any beneficiary/dependent shall earn any rights because of any statements on, or omission from this website. Without limiting the foregoing, your benefits and those of your dependents/beneficiaries shall be subject to the requirements and conditions of the applicable Plan Documents, and you or your dependents/beneficiaries shall not be entitled to benefits solely upon becoming eligible under the applicable plan. The Board of Trustees for Culinary Health Fund shall have full discretion and authority to determine questions concerning the interpretation or administration of Culinary Health Fund and Plan Documents including, without limitation, all questions relating to eligibility for benefits and the determination of such Board of Trustees shall be conclusive and binding as to all persons and for all purposes. You are encouraged to visit or contact the Culinary Health Fund Office for personal information about vesting, eligibility and benefits amounts.

This website includes information of a general and educational nature about Culinary Health Fund and related issues. It does not intend to provide any medical, legal, tax, financial planning or any other form of professional advice. Culinary Health Fund encourages you to make appropriate use of your own medical, legal, tax, and financial planning professionals in making prudent decisions regarding the use of your benefit programs.

Culinary Health Fund may modify these Terms and the information and features on this website (including your Account (defined below)) at any time, without notice to you, by posting such modifications on this website. By using this website following any modifications to these Terms, you agree to be bound by any such modifications to the Terms. Use of information from this website is at your own risk. While this website and the functions and information contained within this website are periodically maintained and updated, neither Culinary Health Fund nor the Culinary Health Fund office makes any warranty or guarantee that: (a) this website and such functions and information will be uninterrupted, correct, complete, up-to-date, or error-free; (b) defects in or on this website will be corrected; or (c) this website or the server that makes this website available is free of viruses or other harmful components. If there are differences between the Spanish and English versions of this website, the English version controls.

Culinary Health Fund may, in its sole discretion and in addition to any other remedies available to it, suspend or discontinue at any time any information, content or services available on this website (including, without limitation, your Account), and any functionality or features in or on this website, including, but not limited to, the cessation of all activities associated with the website, with or without notice.

Culinary Health Fund’s logos are service marks and/or trademarks of the applicable Fund, and may not be used by you for any purpose without prior written permission from an authorized representative of the applicable Fund. If this website includes or refers to other trademarks, service marks and/or logos, they are owned or controlled by their respective owners.

Any use or disclosure of this website and the web pages and information contained therein for any purpose other than the intent of the original distribution is prohibited. This website and the web pages and information included therein may not be reproduced without the express written authorization of Culinary Health Fund.

LINK POLICY

Links on this website to third-party websites and internet resources are provided solely as a convenience to you. If you use these links, you will leave this website. Linking to such third-party websites does not create any relationship or partnership between the third party website’s operator or sponsor, and Culinary Health Fund. Culinary Health Fund does not review, assess, assist in the preparation of or exert any editorial or other control over any of these third-party websites or internet resources, and Culinary Health Fund is not responsible for any such third-party websites or internet resources, or the content, products or privacy practices of such websites or internet resources. Thus, Culinary Health Fund makes no representations or warranties about any such third-party websites or internet resources, any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third-party websites or internet resources linked on this website, you do this entirely at your own risk. Culinary Health Fund encourages you to review the privacy policies of such third-party websites.

ACCOUNT REGISTRATION

If you have set up a personal account (your “Account”) on this website, you agree to provide Culinary Health Fund with current, accurate, complete and updated information required for your Account registration, including, your e-mail address, name, phone number, Social Security number, and your password. You further agree to provide Culinary Health Fund with current, accurate and complete data when using your Account features. You are responsible for updating your e-mail address. If your e-mail address is not current, you will not receive notices regarding your Account. You also are solely responsible for maintaining the confidentiality and security of your password and log-in information. For security purposes, Culinary Health Fund recommends that you change your website password regularly, commit it to memory and you should not write down your password or log-in information or disclose your password or log-in information to any third party. By agreeing to use this website, you are authorizing Culinary Health Fund to act on instructions received under your password (including making payments on your behalf), and Culinary Health Fund is entitled to act on such instructions. Notify Culinary Health Fund at once by calling your local regional office if you believe another person has improperly obtained your online password, or if you suspect any unauthorized access to your account, or unauthorized or fraudulent activity on your account. Culinary Health Fund cannot be responsible for errors or negligent use or improper use of this website by this website’s users, and Culinary Health Fund will not cover losses due to, among other things:

(i) input errors or misuse of this website;

(ii) negligent handling or sharing of passwords leading to unauthorized access to accounts, or unauthorized or fraudulent account activity;

(iii) failure in transmission of data;

(iv) leaving a computer unattended during an online session;

(v) failure to promptly report incidents of unauthorized account access;

(vi) your disclosure of your password and/or log-in information to a third party.

PRIVACY

Culinary Health Fund is concerned with your privacy when you visit this website, just as we are concerned with your privacy in all of your dealings with Culinary Health Fund and the Culinary Health Fund Office. The use by Culinary Health Fund, the Culinary Health Fund Office and Culinary Health Fund’s providers of your “protected health information,” as such term is defined by the Health Insurance Portability and Accountability Act of 1996 and the regulations issued thereunder (“HIPAA”), is subject to Culinary Health Fund’s HIPAA Privacy Policy. The use by Culinary Health Fund, the Culinary Health Fund Office and Culinary Health Fund’s providers of any other personal information provided by you will be limited to the administration of Culinary Health Fund, the provision of benefits and services to you and your beneficiaries, and such other purposes for which such information was provided to Culinary Health Fund.

Culinary Health Fund may send you e-mails regarding your Account or the services and benefits provided to you or your beneficiaries by Culinary Health Fund from time to time. For example, Culinary Health Fund may send you an e-mail about changes to the rules, a payment you made, or an upcoming recurring payment. If you wish to maintain your Account, you may not opt out of such e-mail communications. If you fail to check or if you deactivate your specified e-mail account, you may miss important information regarding your Account. We will not use your specified e-mail address for promotion or marketing purposes.

DISCLAIMER

Any use or disclosure for any purpose other than the intent of the original distribution is prohibited. This web page cannot be reproduced without express written permission from Culinary Health Fund.

In the event of a discrepancy between information on this website and the Plan Document and/or Summary Plan Description for your benefit plan, the Plan Document will control.

Culinary Health Fund provides this website as a service to its participants. Culinary Health Fund is not responsible for, and expressly disclaims all liability for, damages of any kind arising out of use, reference to, or reliance on any information contained within the site. While the information contained within the site is periodically updated, no guarantee is given that the information provided in this website is correct, complete, and up-to-date.

Although Culinary Health Fund’s website may provide links providing direct access to other Internet resources, including websites, Culinary Health Fund has not participated in the development of those other sites and does not exert any editorial or other control over those sites. Culinary Health Fund is not responsible for the accuracy or content of information contained in those sites.