Current Terms of Service

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.

2. 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's Privacy Policy" shall mean personal information collected, used, stored and processed by OSC (more fully set out at http://osc.state.ny.us/policy.htm). "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.

3. 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.

4. 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.

5. 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.

6. 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.
7. 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.
8. USER ACCOUNT, PASSWORD AND SECURITY
Individual Users: Upon completion of the Services enrollment process, 
a password will be established for the Individual User. 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 uthorizers:
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.
9.
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.
10. USER CONDUCT
All Users:
In the use of the Services no User will:
a.
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;
b. Forge
or replace headers or otherwise manipulate identifiers to
disguise the origin of any content transmitted through the
Services;
c.
Disrupt the normal flow of information or otherwise act in a
manner that negatively affects other Users' ability to engage in
real time exchanges;
d.
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
e.
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.
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.
11.
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.
12.
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.
13.
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.
14. 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.
15.
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.
16.
TERMINATION
A.
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.
B.
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.
C. 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.
17.
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.
18.
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
19.
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.
20.
DISCLAIMER OF WARRANTIES
All Users:
a. 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;
b. 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;
c. Osc assumes no responsibility for the timeliness, deletion,
mis-delivery or failure to store any user communications or
personalization settings;
d. 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.
21.
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).
22.
Notices Services may include certain communications from osc, such as service
announcements and administrative messages, and these
commumications 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.