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Terms and Conditions for Online Transactions
(I) Introduction
Please read these Terms and Conditions of Use ("Terms of Use")
carefully before initiating an online transaction with The New York State
Insurance Fund(NYSIF) through this website. Your use of the website for online
transactions is expressly conditioned on your acceptance of these Terms of Use
and your awareness of the conditions set forth in the Privacy Policy. If you do
not agree with any part of the Terms of Use or Privacy Policy, you must not
attempt an online transaction. NYSIF continues to provide core services through
other conventional processes.
NYSIF reserves the right to modify the Terms of Use at any time.
Continued use of this section of the website by you will constitute your
acceptance of any revisions to the Terms of Use and the Privacy Policy. Please
check these pages regularly.
(II) New York Personal Privacy Act Notice to
Natural Persons
The information requested in connection with an online
transaction will be maintained by NYSIF as a record. A portion of the
information may additionally be transmitted from NYSIF to other governmental,
regulatory and rating agencies as required to carry out NYSIF’s statutory
mandate. The official responsible for maintenance of the information at The New
York State Insurance Fund is listed in the NYSIF website Privacy Policy under
"contact information".
(III) General Disclaimer
The information and descriptions contained for products and
services available through online transactions are intended as general
information and are not necessarily complete descriptions of all terms,
exclusions and conditions applicable to the products and services offered by
NYSIF. The insurance coverage afforded by NYSIF is subject for all purposes to
the terms and conditions of the policies issued, the Workers' Compensation Law,
Disability Benefits Law, Volunteer Firefighters' Benefits Law, Volunteer
Ambulance Workers' Benefits Law, the New York Compensation Insurance Rating
Board rules and other laws, rules and regulations applicable to workers'
compensation insurance in the State of New York. Submission of any online
transactional document, form or request does not necessarily constitute due
completion of a required process. Some transactions require confirmation before
a submission is deemed complete. Documents displayed on this website could
contain technical inaccuracies or typographical errors. Applications,
supplements or transactional documents of any kind that NYSIF determines have
been altered or modified in any way may not be accepted.
Changes are made periodically to the laws, policies and rules
governing the types of services that NYSIF makes available through this
website. These changes or corrections may not be incorporated in materials
displayed on this website on a timely basis. In no event shall NYSIF be liable
for any errors or omissions with respect to any information on this site
utilized in connection with or as a predicate for an online transaction.
(IV) Personal Security Code Registration
In order to process your online transactions, you must create a
user account. Click on the "Sign-up" link on NYSIF's web page and follow
directions for registration. During the registration process you will establish
a login name (User ID) and password, which you will use to gain access to the
system. NYSIF ensures that your login name and password are unique. Security
measures such as confirmation of your e-mail address and account verification
are in place to ensure proper authentication procedures. Use of your account in
an unauthorized manner or unauthorized use of your account or User ID is
strictly prohibited. In accessing the online transaction section of NYSIF’s
website and utilizing your User ID you agree that:
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NYSIF is entitled to act on instructions received under your User ID.
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User will not attempt to gain access to user's account by any means other than
as set forth herein, and will not manipulate the features of any software to
provide access not intended by this agreement or alter applications or forms
provided by NYSIF.
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Neither user account, nor its employees, subcontractors, representatives or
agents will adopt the representation of being a NYSIF employee or agent, use
NYSIF content in its advertising or promotion, or otherwise attempt to
commercially exploit its ability to enter online transactions with NYSIF.
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NYSIF is not liable for any unauthorized access to your personal information
that is not the direct result of gross negligence or intentional misconduct on
the part of NYSIF.
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You will keep your User ID confidential and you will notify NYSIF immediately,
and cooperate with NYSIF, if you believe someone else has obtained your User ID
or if any unauthorized access to your NYSIF account has occurred or may occur.
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NYSIF may block access to your account without prior notice if we believe your
User ID is being used by someone other than you, if any unauthorized access to
your personal information has occurred or may occur, or for other reasons
solely within the discretion of NYSIF.
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Issuance of a User ID by NYSIF does not guarantee that you will have access to
your account at all times. NYSIF reserves the right to deny access for reasons
of site maintenance, security, auditing, updating and as otherwise required, at
its sole discretion at such times as it shall choose without prior notice.
(V) User Posted Content
All communications and data forwarded to NYSIF by its
contractors, subcontractors and all others in connection with a service or
other access agreement shall become the exclusive property of NYSIF and sender
shall have relinquished all proprietary and pecuniary rights thereto. NYSIF
maintains the exclusive right to display, utilize, alter or discard such
content as if it were generated and posted by NYSIF. User will be responsible
for all statements made or materials posted under user’s account, including
liability for harm caused by such statements or materials or usage. Any other
posting of content anywhere on the NYSIF network, other than in connection with
an online transaction or as provided for in a service agreement, is strictly
prohibited.
(VI) Disclaimer of Warranty
The online transaction process is provided "as is" and without
representations or warranties of any kind, either expressed or implied. NYSIF
expressly disclaims all warranties, expressed or implied, with respect to any
services offered through this website, including, but not limited to, implied
warranties of merchantability, fitness for a particular purpose and
non-infringement. NYSIF does not warrant or represent that the functions or
operation of its website will be uninterrupted or error-free, that defects will
be corrected, or that this site, its servers or any e-mail sent from NYSIF are
free of viruses or other harmful components.
(VII) Limitation of Liability
NYSIF shall not be liable for any injury, loss, claim, or
damage, nor any indirect, special, incidental or consequential damages of any
kind, whether based in contract, tort, strict liability or otherwise, which
arises out of
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the use of, or inability to use, the online transactional or account management
section of this site unless resulting from the gross negligence or intentional
actions of NYSIF.
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the unauthorized access to or alteration of your transmissions, data, policy or
account, even if NYSIF has been advised of the possibility of such damages.
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any act or omission of any third-party including, but not limited to, financial
institutions, payment systems, credit card service providers, providers of
telecommunication services, electrical utilities, internet access providers,
software providers, computer equipment providers, or any force majeure or other
circumstances beyond NYSIF’s control.
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damage to user’s computer or peripheral equipment or software by any cause
whatsoever including, but not limited to, the introduction of computer viruses
or trojan horses.
(VIII) Severability
You agree that if any provision of these Terms and Conditions of
Use is found void or unenforceable, including without limitation the warranty
disclaimers and liability limitations set forth above, this will not affect the
validity of the balance of these Terms and Conditions of Use, which shall
remain valid and enforceable, and the invalid or unenforceable provision shall
be deemed superceded by a valid, enforceable provision that most closely
matches the intent of the original provision.
(IX) Jurisdiction/Enforceability
Use of this site for an online transaction shall be governed by
and construed in accordance with the laws of the State of New York without
giving effect to any principles of conflicts of laws. Any dispute concerning
such transactions shall be subject to the exclusive jurisdiction of the
Workers' Compensation Board. All actions at law arising outside of the
jurisdiction of the Workers' Compensation Board shall be brought in the New
York Court of Claims if such Court shall have jurisdiction. All other actions
at law shall be brought in a court of competent jurisdiction of the State of
New York with venue lying in New York County.
© 2000 New York State Insurance Fund. All rights reserved.
Last Updated July 16, 2004
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