Disability Benefits Terms & Conditions

(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:
  1. NYSIF is entitled to act on instructions received under your User ID.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. 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.
  7. 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
  1. 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.
  2. 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.
  3. 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.
  4. 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