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This Agreement was last modified on July 1, 2019.
FCA US LLC (FCA)
FCA US Retiree Web Site
2. WHAT IS THE RETIREE SITE?
The Retiree Site is a FCA Internet Website for FCA U.S. Retirees, Surviving Spouses and Deferred Vested Pension Recipients. Content on the Retiree Site that requires a login is only available to U.S. Retirees and Surviving Spouses. This content is not available to Deferred Vested Pension Recipients. The Retiree Site contains a variety of content and provides a virtual doorway to external websites and to other FCA content, data, and applications. The Retiree Site is intended for use only by FCA U.S. retirees and surviving spouses paid through the FCA U.S. pension program.
Use of Password. You have been given a CID and Password (your last name) that provides access to the secured portions of the Retiree Site. Unauthorized access is prohibited. In order to protect FCA's internal network and information, and to help assure that Your personal information is not made available to unauthorized persons, we require You to follow certain rules:
Protect and keep Your CID/Password confidential at all times;
Do not share Your CID with others or allow anyone else to access the Retiree Site using your CID and Password;
Do not leave Your computer unattended while it is connected to the Retiree Site - if You leave Your computer, close all browser sessions first; and
Following these guidelines for using Your Password are essential to Your continued use of the Retiree Site.
No Unauthorized Access. Your Password has been configured to grant access only to areas of the Retiree Site that You are authorized to visit. You may not access, or attempt to access, any areas of the Retiree Site that You are not authorized to access.
4. ACCEPTABLE USE
Use by Others. You may not allow other individuals to use Your Password, access the Retiree Site, or use the content provided by FCA ("FCA Content"), the services provided by FCA("FCA Services"), the content provided by third parties ("Third Party Content"), or the services provided by third parties ("Third Party Services") via the Retiree Site.
Other FCA Rights. When using the Retiree Site, You may not violate the rights of FCA or any third party, or otherwise do anything that adversely impacts the security, use, or functionality of the Retiree Site or any other aspects of FCA's internal network or information, or otherwise violate any applicable law or regulation.
6. FILTERING OF CONTENT
As an additional benefit to You, the Retiree Site may provide access to third-party sources of news and other information. However, FCA reserves the right to filter such content without notice and in FCA's sole discretion, including but not limited to the removal of news or information related to FCA or other matters. Accordingly, You should not rely on such news or information as necessarily being complete or timely, and should consult other news or information sources where appropriate.
All trademarks, service marks, patents, copyrights, trade secrets, and other proprietary rights ("Intellectual Property Rights") in or related to the Retiree Site, FCA Content, Third Party Content, FCA Services, or Third Party Services are and will remain the exclusive property of FCA or the respective third parties, whether or not specifically recognized or perfected under applicable law. You will not take any action that jeopardizes FCA or any third party's Intellectual Property Rights or acquire any right in the Retiree Site, FCA Content, Third Party Content, FCA Services, or Third Party Services except for the limited use rights specified in these Terms. The display of any Intellectual Property Rights does not imply that a license has been granted by FCA or the respective third parties.
8. THIRD PARTY CONTENT AND SERVICES
Links. The Retiree Site contains links to certain third-party websites outside of the Retiree Site. These links are provided to You as a convenience, and the sites to which they link are not under the control of FCA. FCA will have no responsibility for protect that is contained on or linked to by such non-FCA sites. The inclusion on the Retiree Site of a link to a third-party site does not imply an endorsement by FCA of such site or of any products and services that may be offered on such site.
Third Party Content, Services, and Products. The Retiree Site contains certain Third Party Consent and provides access to certain Third Party Services and the opportunity to buy products from third party merchants ("Third Party Products"). You acknowledge that FCA does not create, supply, or endorse the Third Party Content, Third Party Services, or Third Party Products. You also acknowledge that FCA does not endorse such third parties or their information practices. FCA does not independently verify, and is not responsible for, the accuracy, effectiveness, quality, or safety of the Third Party Content, Third Party Services, or Third Party Products.
9. DISCLAIMER OF WARRANTIES
THE RETIREE SITE, FCA CONTENT, THIRD PARTY CONTENT, FCA SERVICES, THIRD PARTY SERVICES, AND THIRD PARTY PRODUCTS ARE PROVIDED "AS IS." ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, INDEMNITIES AND GUARANTEES WITH RESPECT TO THE FOREGOING, AND WITH RESPECT TO THE OPERATION, CAPACITY, SPEED, FUNCTIONALITY, TIMELINESS, ACCURACY, QUALIFICATIONS, CAPABILITIES OF, OR RESULTS OBTAINED FROM THE FOREGOING, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM, PRIOR ORAL OR WRITTEN STATEMENTS BY FCA, OR OTHERWISE (INCLUDING, BUT NOT LIMITED TO ANY WARRANTY OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT) ARE, TO THE MAXIMUM EXTENT ALLOWED BY LAW, HEREBY OVERRIDDEN, EXCLUDED AND DISCLAIMED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, AND SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
10. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL FCA BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE, OR INCIDENTAL DAMAGES OR LOST PROFITS, WHETHER FORESEEABLE OR UNFORESEEABLE, ARISING OUT OF BREACH OF EXPRESS OR IMPLIED WARRANTY, FAILURE OF REMEDY, BREACH OF CONTRACT, MISREPRESENTATION, NEGLIGENCE, OR OTHER CLAIM ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF THE RETIREE SITE. IN NO EVENT WILL THE AGGREGATE LIABILITY FCA MAY INCUR IN ANY ACTION OR PROCEEDING ARISING FROM OR RELATED TO YOUR USE OF THE RETIREE SITE EXCEED $500. THIS SECTION WILL ONLY NOT APPLY WHEN AND TO THE EXTENT THAT APPLICABLE LAW SPECIFICALLY REQUIRES LIABILITY, DESPITE THE FOREGOING EXCLUSION AND LIMITATION. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
You will indemnify and hold harmless FCA and its affiliates, representatives, officers, directors, employees, and licensors from all liabilities, claims, costs, and expenses, including reasonable attorneys' fees, that they may incur (i) with respect to Your negligent acts, omissions, or willful misconduct arising from or related to Your use of the Retiree Site; (ii) as a result of any breach by You of these Terms; or (iii) as a result of any action by You with respect to Your use of the Retiree Site that violates any law, regulation, or FCA Policies. This Section will not be construed to limit or exclude any other claims or remedies that FCA may assert under these Terms or by law, regulation, or FCA Policies.
12. RESOLUTION OF DISPUTES
You and FCA will submit all controversies or claims arising out of or relating to Your use of the Retiree Site or to these Terms, or the existence, validity, breach, or termination of these Terms, to the American Arbitration Association ("AAA") for final disposition by compulsory arbitration under AAA's Commercial Arbitration Rules and Supplementary Procedures for Commercial Arbitration. The arbitration proceeding will take place in Oakland County, Michigan. The arbitrator may, at either party's request, grant injunctive relief. The arbitral award will be the exclusive remedy of the parties for all claims, counterclaims, issues, or accountings presented or pled to the arbitrator. Judgment upon the arbitral award, may be entered in any court that has jurisdiction thereof. Any additional costs, fees, or expenses incurred in enforcing the arbitral award will be charged against the party that resists its enforcement. Nothing in this Section will prevent the parties from seeking interim injunctive relief against one another.
13. TERMINATION OF AGREEMENT
FCA may terminate these Terms and Your access to the Retiree Site immediately and without prior notice for any reason and in FCA's sole discretion. Upon termination or expiration of these Terms for any reason, You will immediately cease all use of Your CID and Password and cease all use of the Retiree Site. The provisions of Sections 5, 6, 7, 8, 9, 10, 11, 12, 13, and 15 will survive termination or expiration of these Terms for any reason.
Violation of these Terms will be dealt with seriously. Illegal acts involving the Retiree Site may also be subject to prosecution by applicable state and federal authorities.
Assignment. FCA may assign these Terms. You may not assign these Terms or any right or obligation hereunder.
Modification of Terms. FCA reserves the right to modify the terms and conditions of these Terms at any time. FCA will take reasonable measures to notify You of any such modifications and provide You with the opportunity to revise such changes and accept or reject the new version.
Interpretation. These Terms will not be construed as creating a partnership, joint venture, or agency relationship, or granting a franchise, between the parties. These Terms will be governed by and interpreted in accordance with Michigan law, excluding its conflict of law principles. Except as otherwise provided above, any waiver, amendment, or other modification of these Terms will not be effective unless in writing and signed (either on paper or electronically) by the party against whom enforcement is sought. If any provision of these Terms is held to be unenforceable, in whole or in part, such holding will affect the validity of the other provisions of these Terms. Except as expressly provided herein, these Terms constitute the complete and entire statement of all terms, conditions, and representations of these Terms between You and FCA with respect to its subject matter and supersedes all prior writings or understandings.