Terms of Use

Consent to Terms. By clicking to agree to these terms of use (“Terms”) or by accessing, browsing or using this website, including the myPHP Portal (the “Portal”) subdomain of the website (collectively, this “Website”), you acknowledge that you have read, understood, and agree to be bound by these Terms. Furthermore, when accessing and using this Website, you agree to comply with all applicable laws and regulations. If you do not agree to these Terms, do not use this Website.

Website Purpose. This Website provides an overview of the various pension and health and welfare benefits provided by the Directors Guild of America – Producer Pension and Health Plans (the “Plans,” “us” or “we”), including the Directors Guild of America – Producer Health Plan and Directors Guild of America – Producer Pension Plans. The Website is only intended for the Plans’ participants and their covered spouses, dependents and beneficiaries (collectively “Covered Persons”).

On this Website, you will find summaries of the benefits provided, and the Plans’ eligibility, enrollment and coverage rules (including the Summary Plan Descriptions (“SPDs”). While this Website may also provide specific information only applicable to you and your dependents (e.g., explanations or statements of benefits, etc.), not all information on this Website may apply to you or your dependents. Accordingly, you should review the information on this Website carefully based on your individual situation. Furthermore, this Website is not, intended to be a complete description of these benefits. For more complete, authoritative details, see the official documents of the Plans (the “Plan Documents”). Neither the SPD for the Pension Plans, this Website nor any written notice or brochure or statement or promise made by any person (including employees of the Plans (or their subsidiary or affiliated entities) or the applicable labor union or contributing employers) can modify or affect such Plan Document in any way. In the event of any difference between this Website (including the Pension Plan SPD) and the Plan Documents, the Plan Documents will control. The SPD is the Plan Document for the Health Plan. Only the Board of Trustees for the applicable Plan have full discretion and authority to determine questions concerning the interpretation or administration of such Plan, including without limitation, all questions relating to eligibility for benefits. 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 Plans’ administrative office (the “Plans Office”) for your personal information about vesting, eligibility and benefit amounts. Notwithstanding the foregoing, no statements of Plans Office personnel or any information herein are intended as any medical, legal, tax, financial planning or any other form of professional advice.

The Boards of Trustees reserve the right to amend or terminate the Plans at any time. The Plans could also be amended or terminated as the result of an agreement between the applicable unions and the participating employers.

Use of Website. The Plans grant you a limited license to view and use this Website, and to print individual pages and Plans Office forms from this Website, for your personal, non-commercial use. You may not modify the content of this Website for any commercial purpose or remove any copyright notice or other proprietary notices from the content on this Website. You shall use this Website solely in accordance with any online policies, guides, or instructions made available on or through this website. You further agree not to use this Website:

  • To display, transmit or otherwise make available any material that is infringing, threatening, harassing, libelous, hateful or offensive or which violates the privacy or other rights of any third party;
  • To transmit any advertising or promotional material, including any junk mail, chain letter, spam, or any other similar solicitation.
  • To impersonate or attempt to impersonate the Plans, their subsidiary or affiliated entities or any of their respective employees or representatives;
  • To gain unauthorized access to this Website, Website user accounts or the systems of the Plans or its providers; or
  • To engage in any other conduct that interferes with the operation, use or enjoyment of this Website or which, as determined by the Plans, may harm the Plans or other Website users.

Electronic Signatures. By using this Website, you agree to transact electronically through the Website. You agree that your electronic signature is the legal equivalent of your manual signature. You further agree that your use of a key pad, mouse or other device to select an item, button, icon or similar act/action, constitutes your signature as if actually signed by you in writing. You also agree that no certification authority or other third party verification is necessary to validate your electronic signature, and the lack of such certification or third party verification will not in any way affect the enforceability of your electronic signature.

Email and Similar Communications. By providing your telephone number, you are providing express written consent to receive communications from or on behalf of the Plans for any purpose related to your participation in the Plans and the administration of the Plans. You agree that these communications include, but are not limited to, the use of an automated telephone dialing system, prerecorded and/or artificial voice, SMS, MMS, text, fax, email or other similar means. Note, this agreement is regardless of whether your phone number is registered on a state or federal “do not call” list. You agree that the Plans are not responsible for any charges to you regarding these communications. Standard voice and data rates may apply. Further, you understand that you do not need to provide this consent to call as a condition to receive any good or service, in which case you will not provide your phone number.

If you wish to opt-out of receiving email, text and/or automated/prerecorded messages from us, simply follow the instructions or links contained in the message, go to your Profile Settings for this Website and opt-out of such messages or contact the Plans Office at (323) 866-2200, ext. 407. If you opt-out of receiving these messages, it may affect our ability to provide you important information about your benefits and related services, offers and materials. If you opt-out of e-mail messages from the Plans, you will not be able to maintain an Account (defined below) and your Account registration will be cancelled. Further, with respect to a request to opt-out of e-mail or text communications, please note that if you later send an e-mail or text message to the Plans or initiate a Website request which requires an e-mail response (e.g., username/password change or reminder request), we may respond to such message or request via e-mail or text message (as applicable). We may also reach out to you via the last e-mail address and/or phone number provided by you in order to verify your current preferred contact information if we are otherwise unable to contact you regarding important Plans matters.

Account. Access to certain areas and information on this Website is limited to Covered Persons, and requires that such Covered Persons establish an account in accordance with the instructions on the Portal (“Account”). You must be eighteen (18) years of age or older to establish an Account. If you have set up an Account, for security purposes, you are responsible for keeping your username and password and applicable security question information confidential. By agreeing to establish and use an Account, you are authorizing us to act on instructions received under your username and password, and we are entitled to act on such instructions. You are responsible for all activity under your username and password. Please do not disclose your username, password or applicable security question information to anyone. We recommend that you change your password regularly, commit it to memory and avoid writing your password down. The establishment, use, expiration and change of passwords and usernames shall be subject to our policies with respect to same (including our log-in policies) then in effect. You understand that you may be required to change your username, password and/or applicable security question information from time to time in accordance with the Plans’ security policies and procedures and/or specific concerns of the Plans. Notify the Plans Office at once if you believe another person has improperly obtained your account username, password and/or applicable security question information, if you believe someone has accessed or used your Account without your permission, or if you suspect any fraudulent activity on your Account. If you do not access your Account for a period of more than six (6) months, or if there are more than five (5) consecutive failed log-in attempts to your Account, the Plans reserve the right to de-activate your Account. To re-activate your Account, please contact the Plans Office at (323) 866-2200. You may be required to provide reasonable personal identification to re-activate your Account. We reserve the right to terminate your Account in our reasonable discretion, including in the event that you fail to comply with these Terms.

Modification of Terms. The Plans may modify these Terms and the information on this Website at any time, without notice to you (except where required by applicable law), 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. Accordingly, you should visit this Website from time to time to review the then-current Terms. Certain provisions of these Terms may be superseded by expressly designated legal notices and/or terms located on particular pages of this Website..

Suspension/Discontinuation of Website. The Plans may, in its sole discretion, suspend or discontinue at any time any information, function, feature, content or services available on this Website, including, but not limited to, the cessation of all activities associated with this Website, with or without notice.

Ownership and Use of Content and Logos/Marks. The Plans, their subsidiaries, affiliates and/or licensors own and/or control this Website and all material available on this Website, including the layout of this Website, all material and forms available from the Website, all pages within that domain, and all related codes (collectively, the “Materials”). Except for your personal use of the applications or other forms available on or made accessible through this Website, you may not copy, reproduce, republish, distribute, upload, transmit, make derivative works from or otherwise commercially exploit any of the Materials without first obtaining written consent from an authorized representative of the applicable Plans. You may not alter the content of this Website or the forms or other Materials provided herein.

The Plans’ logos are service marks and/or trademarks of the Plans and may not be used by you for any purpose without prior written permission from an authorized representative of the Plans. If this Website contains or makes reference to other trademarks, service marks and/or logos, they are owned or controlled by their respective owners.

Links to other Websites. This Website may contain links to websites operated by third parties. These links are provided as a convenience to you. Neither the Plans nor their subsidiary or affiliated entities (nor any of their participating employers, unions, trustees, employees or agents) are responsible for the content, legality or accuracy of or opinions expressed in any such third-party websites, or for the privacy practices or other acts or omissions of such third-party websites or their operators. Such third-party websites and the content thereof are not investigated, monitored or checked for accuracy, legality or completeness by us. The inclusion of any links to a third-party website on this Website does not imply approval or endorsement of such third-party website or the content thereof by us. The Plans make no representations or warranties concerning such third-party websites or the content thereof. If you do decide to use these links, leave this Website and access these third-party websites, you do so at your own risk.

Linking to this Website. Written permission is required from the Plans to create a link from an external website to this Website (including this Website’s homepage or any pages within this Website).

Disclaimers. Information, resources and other Materials on this Website (including explanations or statements of benefits) are provided as a courtesy, on an “AS IS”, “AS AVAILABLE” basis, and without warranty of any kind. We have made reasonable efforts to present the information contained on this Website accurately, but additions, deletions, changes and errors may occur, updates may not always be timely, and information may not always be accurate. We encourage you to make appropriate use of medical, legal, tax, and financial planning professionals in helping you make prudent decisions regarding the use of your benefit programs. The Plans makes no promise that this Website will be available without interruption, or that this Website or its servers will be impervious to hackers or free of malicious code (e.g., viruses, worms, time bombs, Trojan horses, back doors or malware). Specifically, you understand and acknowledge that enrollment status, coverage, pension, claims or other benefits information displayed in your Account may not be accurate or up to date at the particular time you access your Account (e.g., your employment records may be missing or such information may not reflect the most current enrollment, earnings, dependent verification or claims). If you have questions about any such information, please contact the Plans Office at (323) 866-2200, ext. 401.

User Responsibility; Website Monitoring. When using this Website, you are responsible for providing the Plans with accurate and complete information. Any activity on this Website is subject to monitoring by the Plans to verify compliance with these Terms and for other purposes permitted by applicable law. By using this Website, you consent to such monitoring and agree that the Plans may use the results of such monitoring to enforce these Terms and for any other purpose permitted by applicable law.

Limitation on Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL THE PLANS, THEIR RESPECTIVE AFFILIATES OR SUBSIDIARIES, OR THE RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, CONTRIBUTING EMPLOYERS, REPRESENTATIVE LABOR UNIONS, TRUSTEES, SPONSORS, AND OTHER PARTNERS OF EACH (COLLECTIVELY, THE “RELEASED PARTIES”) BE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THIS WEBSITE, THE SERVICES, INFORMATION, RESOURCES, LINKS TO THIRD PARTY WEBSITES AND/OR OTHER MATERIALS AVAILABLE ON OR CONTAINED WITHIN THIS WEBSITE, AND/OR THE INFORMATION COLLECTED THROUGH THIS WEBSITE OR ANY THIRD PARTY WEBSITE WHICH IS LINKED TO ON THIS WEBSITE (INCLUDING LOSS OF USE, LOSS OF DATA, LOSS OF PROFITS, OR BUSINESS INTERRUPTION), EVEN IF THE APPLICABLE RELEASED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE RELEASED PARTIES SHALL NOT BE LIABLE FOR ANY PROBLEMS ARISING FROM THIS WEBSITE AND/OR THE INFORMATION, RESOURCES OR OTHER MATERIALS PROVIDED HEREIN (INCLUDING THE FAILURE TO PROVIDE THIS WEBSITE AND/OR SUCH INFORMATION, RESOURCES AND MATERIALS) WHICH ARE DUE TO CIRCUMSTANCES NOT WITHIN THE REASONABLE CONTROL OF THE PLANS OFFICE, INCLUDING, BUT NOT LIMITED TO, INTERNET, EQUIPMENT OR ELECTRONIC COMMUNICATIONS FAILURES.

Miscellaneous. If any provision or provisions of these Terms are rendered by judicial process or governmental agency of competent jurisdiction to be invalid, illegal, or unenforceable, such invalidity, illegality or unenforceability shall not affect the remainder of these Terms, which shall remain in full force and effect and be enforced in accordance with its remaining terms.

No waiver by the Plans of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Plans to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

These Terms shall be governed by, construed in accordance with, and enforced under the laws of the State of California, without regard to its conflicts of law provisions, except where preempted by Federal law. To the fullest extent permitted by applicable law, you hereby consent to the exclusive jurisdiction of the appropriate federal or state court in Los Angeles, California, and hereby waive the right to contest the exercise of personal jurisdiction over you in the federal and state courts in Los Angeles, California.