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The New York State Office of the State Comptroller ("OSC") welcomes all Users to the OSC Online Services ("Services"). OSC provides these Services subject to the following Terms of Service ("TOS"). The TOS may be updated by OSC from time to time without notice. The most current version of the TOS is accessible by clicking the link at the bottom of every page.
When using particular OSC owned or operated services, all Users are subject to any terms of service, guidelines or rules applicable to such services that are posted on the respective Services pages. All such terms of service, guidelines and rules are hereby incorporated by reference into the TOS.
Unless explicitly stated otherwise, any new features that augment or enhance the current Services, including the release of new OSC applications, will be subject to the TOS.
DEFINITIONS
The following defined terms are applicable to this TOS Agreement:
“User” shall mean a person or entity that enrolls on the Services. It may include an “Individual User,” a “Business/Government User,” an “Authorizer,” a “Primary Authorizer,” and/or an “Authorized User”.
“Individual User” shall mean a User enrolling on the Services solely for his/her own personal use. It may include Members and Retirees of the New York State and Local Retirement System.
“Business/Government User” shall mean an Authorizer, Primary Authorizer or Authorized User enrolling on the Services as a representative of a Business entity or a Government entity (e.g., federal, state and local government agencies and authorities).
“Primary Authorizer” shall mean an Authorizer designated by a Business entity or a Government entity to enroll on the Services on behalf of such Business entity or Government entity.
“Authorizer” shall mean a User who is assigned an account by a Primary Authorizer and who is designated by the Primary Authorizer to create and manage other User accounts.
“Authorized User” shall mean a User who is assigned an account by an Authorizer.
“Enrollment” shall mean the successful establishment of an Online Services account with OSC, including the creation of a unique UserID and Password. Enrollment provides a User access to authorized online applications and services provided by OSC.
“Enrollment Form” shall mean the totality of the screens and data fields that must be completed to successfully enroll in OSC’s Online Services.
“Enrollment Data” shall mean true, accurate, current and complete information about a User as collected by the Enrollment Form.
“Account” shall mean the unique authority under which a user authenticates himself/herself to OSC Online Services.
OSC Online Services” or “Services” shall mean business services provided electronically and securely via OSC's Internet portal for the benefit of OSC and its customers, clients and business partners. The Online Services offered by OSC are expected to expand and change over time.
ACCEPTANCE OF TERMS
All Users represent that they understand and fully accept and agree to all of the following terms of this TOS, on their own behalf and, if acting on behalf of an entity, on behalf of such entity.
DESCRIPTION OF SERVICES
OSC has created these Services to expand and improve services to individuals, businesses and to federal, state and local government agencies and authorities, by providing convenient access to information and a means to conduct transactions online. The Service will provide Users with access to a rich collection of resources. The Services are under continuous development, and their capabilities are expected to grow substantially over the coming years.
ACCESS TO SERVICES
Access to Services
Users are responsible for obtaining access to the Services. Such access may involve third-party fees (such as Internet service provider or airtime charges). In addition, all Users must provide, and are responsible for, all equipment necessary to access the Services. In connection with such access, all Users should be aware that free Internet accounts are available from several providers, and access to the Internet is available at no charge at many public libraries and other public facilities.
Voluntary Usage
Use of these Services is completely voluntary. Pursuant to New York State Technology Law section 105, if a User chooses not to complete his/her transactions in electronic format, such User shall have the option of completing the transaction(s) with OSC, and other applicable State agencies, utilizing a paper format.
ENROLLMENT AND ENROLLMENT OBLIGATIONS
Individual Users:
If an Individual User uses the Services, such Individual User represents that he/she (i) is of legal age and capacity to form a binding contract and is not a person barred from receiving the Services provided by OSC, and (ii) will: (a) provide true, accurate, current and complete information about myself; (b) maintain and promptly update the Enrollment Data to keep it true, accurate, current and complete; (c) access and use the Services consistent with and subject to the TOS. If an Individual User provides any information that is untrue, inaccurate, not current or incomplete, or OSC has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or in violation of the TOS, OSC has the right, in addition to any other rights created under the TOS, to suspend or terminate such Individual User’s account and refuse any and all current or future use of the Services, or any portion thereof.
Primary Authorizer:
The individual who initially enrolls for the Services on behalf of a Business/Government User shall be recognized by the system as the Primary Authorizer unless and until that individual (or another individual authorized by the Business/Government User following procedures described in the applicable Services pages) sends a communication designating a replacement. The Primary Authorizer shall have the authority to: agree to the TOS on behalf of his/her Business/Government employer; change the Enrollment Data; add additional individual accounts; view or submit changes to information previously submitted to OSC; and terminate the rights of such individual accounts.
If a Primary Authorizer uses the Services, such Primary Authorizer represents that he/she is authorized to act on behalf of the Primary Authorizer’s Business/Government User. If the Primary Authorizer acts on behalf of a Business User, such Primary Authorizer represents that (i) the business he/she is acting on behalf of is not barred from receiving services under the laws, judicial decisions or agency determinations of the United States or the State of New York, and (ii) he/she will: (a) provide true, accurate, current and complete Enrollment Data and (b) maintain and promptly update the Enrollment Data as necessary to keep it true, accurate, current and complete; (c) along with any Users to whom such Primary Authorizer assigns access, will access and use the Services consistent with and subject to the TOS. If the Primary Authorizer, or any Users to whom such Primary Authorizer assigns access, access or use the Services in a manner inconsistent with the TOS, or provide any information that is untrue, inaccurate, not current or incomplete, or OSC has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or in violation of the TOS, OSC will have the right, in addition to any other rights created under the TOS, to suspend or terminate any Business/Government account or any portion thereof.
Authorizers and Authorized Users:
If an Authorizer or an Authorized User uses the Services, such Authorizer or Authorized User represents that he/she has read and understand the TOS and the obligations placed upon such Authorizer or Authorized User and his/her Business/Government User, and understands that the Authorizer’s Primary Authorizer or the Authorized User’s Authorizer has agreed on behalf of the Business/Government User that the Authorizer or Authorized User will access and use the Services consistent with and subject to the TOS. Therefore, the Authorizer or Authorized User will comply with all such obligations imposed upon the Authorizer or Authorized User and his/her Business/Government User by the TOS in the Authorizer’s or Authorized User’s use of the Services.
OSC PRIVACY POLICY
All Users:
Any personal information a User provides through the Services is subject to OSC's Privacy Policy. Through use of the Services all Users consent to the collection and use (as set forth in the Privacy Policy) of such personal information, including storage and processing by OSC and its affiliates.
USER ACCOUNT, PASSWORD AND SECURITY
Individual Users:
Upon completion of the Services enrollment process, a password will be mailed to an Individual User via the U.S. Postal Service. An Individual User is responsible for maintaining the confidentiality of the password and his/her user ID and is fully responsible for all activities that occur under the Individual User’s password or account. An Individual User will (a) immediately notify OSC of any unauthorized use of the Individual User’s password or account or any other breach of security, and (b) exit from the Individual User’s account at the end of each session. OSC cannot and will not be liable for any loss or damage arising from an Individual User’s failure to comply with this Section 7 or any other requirements of the TOS.
Business/Government Users:
Primary Authorizers:
Upon the initial completion of the Services enrollment process, a link to a secure website will be delivered to a Primary Authorizer via email where the Primary Authorizer can complete the enrollment process by establishing his/her password. The Primary Authorizer is responsible for maintaining the confidentiality of the password and his/her user ID and is fully responsible for all activities that occur under such password or account. The Primary Authorizer will (a) immediately notify OSC of any unauthorized use of the Primary Authorizer’s password or account or any other breach of security; (b) immediately notify OSC of any unauthorized use of passwords or accounts or any other breach of security relating to the account and (c) exit from the Primary Authorizer’s account at the end of each session. OSC cannot and will not be liable for any loss or damage arising from the Primary Authorizer’s failure to comply with this Section 5 or any other requirements of the TOS.
Authorizers and Authorized Users:
The Primary Authorizer will assign accounts to Authorizers and Authorized Users, including a user ID, to access the Services. A link to a secure website will be delivered to Authorizers and Authorized Users via email where they can complete the enrollment process by establishing their passwords. Authorizers and Authorized Users are responsible for maintaining the confidentiality of the password and their user IDs, and they are fully responsible for all activities that occur under their passwords or accounts. Authorizers and Authorized Users will (a) immediately notify OSC of any unauthorized use of their passwords or accounts or any other breach of security; and (b) exit from their accounts at the end of each session. OSC cannot and will not be liable for any loss or damage arising from the failure of Authorizers or Authorized Users to comply with this Section 7 or any other requirements of the TOS.
INFORMATION PROTECTION AND SECURITY
All Users:
As part of this grant of access to the Services, all Users will protect any data accessed through the Services from malfeasance, loss, theft, or other malicious activity that would negatively impact the confidentiality, integrity or availability of the data obtained from the Services. Any noncompliance with these protection and security requirements may result in suspended access or revocation of access rights. Additionally, where circumstances warrant, OSC may pursue civil and/or criminal penalties.
All Users will protect all information that is transformed to a printed format according to the sensitivity of the data. All Users will protect printouts from the Services from alteration, loss, theft, unauthorized access or distribution or other malicious activity.
If a User needs help and guidance on effective procedures to comply with these protection and security requirements, he/she may contact the OSC Help Desk by clicking on the "Contact Us" link. The Help Desk may forward such User inquiry to another OSC office, as appropriate.
Authorizers:
Authorizers are responsible for developing procedures and guidelines that will ensure that the Users they enroll will protect and secure the data that is made available via the Services. When necessary to facilitate the enrollment of such Authorized Users, OSC may disclose the Authorizer’s name to other Users in the Authorizer’s Business/Government entity.
USER CONDUCT
All Users:
In the use of the Services no User will:
Tamper with another User's account, impersonate any person or entity, including, but not limited to, an OSC official, forum leader, guide or host, any business or government official, a vendor which such User is not authorized to represent; or falsely state or otherwise misrepresent such User’s affiliation with any person or entity;
Forge or replace headers or otherwise manipulate identifiers to disguise the origin of any content transmitted through the Services;
Disrupt the normal flow of information or otherwise act in a manner that negatively affects other Users' ability to engage in real time exchanges;
Interfere with or disrupt the Services or servers or networks connected to the Services, or violate any requirements, procedures, policies or regulations of networks connected to the Services; and/or
Violate any applicable local, state, national or international law or regulation, including, but not limited to: regulations promulgated by the U.S. Securities and Exchange Commission; any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ.
In the use of the Services no User will: All Users will evaluate and bear all risks associated with the use of the Services or any information obtained from the Services, including any reliance on the accuracy, completeness, or usefulness of such content. In this regard, no User may rely on any content created by, or submitted to, OSC, including without limitation, information in OSC messages and information from any part of the Services.
OSC may access, preserve and disclose my account information and content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal requirements or legal process; (b) enforce the TOS; (c) respond to claims that any content violates the rights of third parties; (d) respond to User requests for customer service; or (e) protect the rights, property or personal safety of OSC, its Users and/or the public.
The technical processing and transmission of the Services, including User content, may involve (a) transmissions over various networks, and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
INTERSTATE NATURE OF COMMUNICATIONS ON OSC NETWORK
All Users:
In using the Services to send electronic communications (including but not limited to email, search queries, and other Internet activities), Users will be causing communications to be sent through OSC's computer networks, portions of which are located outside New York State. As a result, and also as a result of OSC's current network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature will result in the transmission of interstate communications regardless of where a User is physically located at the time of transmission. Accordingly, use of the Services results in interstate data transmissions.
SPECIAL ADMONITIONS FOR INTERNATIONAL USE
All Users:
Recognizing the global nature of the Internet, Users will comply with all local rules regarding online conduct and acceptable content. Specifically, Users will comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which they reside.
INDEMNITY
All Users:
Each User expressly indemnifies and holds OSC and its officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content such User submits, posts, transmits or otherwise makes available through the Services, such User’s use of the Services, such User’s connection to the Services, such User’s violation of the TOS, or such User’s violation of the rights of another.
NO RESALE OF SERVICES
All Users:
No User will reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purpose, any portion of the Services (including such User’s User ID or password), use of the Services, or access to the Services.
MODIFICATIONS TO SERVICES
All Users:
OSC reserves the right at any time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. OSC will not be liable to any User or to any third party for any modification, suspension or discontinuance of the Services. Unless explicitly stated otherwise, any new features that augment or enhance the current Services, including the release of new OSC applications, will be subject to the TOS.
TERMINATION
Termination by OSC:
All Users:
OSC may, under certain circumstances and without prior notice, immediately terminate a User’s OSC account, any associated email address, and access to the Services. Cause for such termination may include, but is not limited to: (a) breaches or violations of the TOS or other incorporated agreements or guidelines; (b) requests by law enforcement or other government agencies; (c) a User’s request (self-initiated account deletions); (d) discontinuance or material modification to the Services, or any part thereof; (e) technical or security reasons; (f) extended periods of inactivity; and/or (g) a User’s engagement in fraudulent or illegal activities.
Further, all Users agree that all terminations by OSC may be made at OSC's sole discretion and that OSC will not be liable to any User or any third party for any termination of a User’s account, any associated email address, or access to the Services.
Termination by User:
For Members and Retirees of the New York State and Local Retirement System:
If a User does not wish to participate in use of the Services, such User will write to OSC at the address below. Following OSC’s receipt of such written notification, that User’s retirement information will no longer be available from the Services.
New York State and Local Retirement System
Benefit Information Services Bureau
110 State Street
Albany, NY 12244-0001
Business/Government Users:
Primary Authorizers:
A Primary Authorizer may terminate, in its entirety, the account of the entity which he/she is authorized to represent, including all Authorized User accounts, either online by accessing the applicable OSC Online Services page or by contacting the Help Desk by clicking the "Contact Us" link.
Authorized Users:
To terminate my account, an Authorized User must contact his/her Primary Authorizer or any other Authorizer designated by such Authorized User’s Business/Government entity to terminate accounts.
Scope of Termination:
Termination of a User’s OSC account includes: (a) removal of access to all offerings within the Services; (b) deletion of that User’s password and all related information, files and content associated with or inside that User’s account, or any part thereof; and (c) barring of further use of the Services. A User’s choice to terminate use of the Services will not limit that User’s ability to take advantage of other features of the OSC website, including browsing or downloading publicly available information.
LINKS
All Users:
The technical processing and transmission of the Services, including a User’s content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
The Services may provide links to other World Wide Web sites or resources external to OSC. OSC has no control over such sites and resources. Therefore, OSC is not responsible for the availability of such external sites or resources, or for the accuracy of the data contained therein, and OSC does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. OSC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such external site or resource.
INTERFACE
All Users:
The Systems may be interfaced with outside systems which contain stored information. While OSC may utilize this stored information, OSC has no control over such information. Therefore, OSC does not endorse and is not responsible for the availability or accuracy of such external information. OSC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such external information available on the Systems.
OSC'S PROPRIETARY RIGHTS
All Users:
The Services and any necessary software used in connection with the Services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws.
OSC grants each User a personal, non-transferable and non-exclusive right and license to use the object code of this Software; provided that such User does not (and does not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. No User will modify the Software in any manner or form, or use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Services. No User will access the Services by any means other than through the interface that is provided by OSC for use in accessing the Services.
DISCLAIMER OF WARRANTIES
All Users:
THE USE OF THE SERVICES IS AT THE USER’S SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. OSC AND ITS OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT;
OSC AND ITS OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICES WILL MEET A USER’S REQUIREMENTS; (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY ME THROUGH THE SERVICES WILL MEET A USER’S EXPECTATIONS; AND, (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED;
OSC ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS;
A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICES. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF A USER, OR ANYONE IN A USER’S FAMILY, HAVE AN EPILEPTIC CONDITION, SUCH USER WILL CONSULT HIS/HER PHYSICIAN PRIOR TO USING THE SERVICES. SUCH USER WILL IMMEDIATELY DISCONTINUE USE OF THE SERVICES AND CONSULT HIS/HER PHYSICIAN IF HE/SHE EXPERIENCES ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
LIMITATION OF LIABILITY
OSC AND ITS OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO ANY USER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICES; (ii) TRANSACTIONS ENTERED INTO AND MESSAGES RECEIVED THROUGH OR FROM THE SERVICES; (iii) THE COST OF PROCUREMENT OF GOODS, DATA, INFORMATION PURCHASED OR OBTAINED FROM TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF SUCH USER’S TRANSMISSIONS OR DATA; AND (v) ANY OTHER MATTER RELATING TO THE SERVICES. SUCH DAMAGES MAY INCLUDE, BUT ARE NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF OSC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
NOTICES
SERVICES MAY INCLUDE CERTAIN COMMUNICATIONS FROM OSC, SUCH AS SERVICE ANNOUNCEMENTS AND ADMINISTRATIVE MESSAGES, AND THESE COMMUNICATIONS ARE CONSIDERED PART OF OSC NORMAL BUSINESS. NO USER WILL BE ABLE TO OPT OUT OF RECEIVING SUCH COMMUNICATIONS. OSC MAY PROVIDE USERS WITH NOTICES, INCLUDING THOSE REGARDING CHANGES TO THE TOS, BY EMAIL, REGULAR MAIL OR POSTINGS ON THE SERVICES.
