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 the conditions set forth in the NYSIF Internet Privacy Policy (“Privacy Policy”). Additionally, the terms of the Privacy Policy are expressly incorporated by reference herein. 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 and Privacy Policy at any time. Continued use of this website by you will constitute your acceptance of any revisions to the Terms of Use and the Privacy Policy. Please check these pages regularly.

Additional legal notices regarding specific products, services, as well as conditions, restrictions or disclosures may apply to specific portions of NYSIF.com as posted.

Use of Third Party Products: Your use of third party products affiliated with NYSIF through this website is subject to any additional terms, conditions, and policies applicable to such third party products (such as terms of service or privacy policies of the providers of such third party products).

It is a condition of your use of this website that all the information you provide on this website is correct, current, and complete. You may use this website only for lawful purposes and in accordance with these Terms and Conditions.

(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 and disability 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 "Login" 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 procedures, are in place to ensure proper user authentication and access. 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-Provided Content

All communications and data forwarded or submitted to NYSIF by its contractors, subcontractors, and all others including users in connection with a service or other access agreement shall become the exclusive property of NYSIF and the sender shall have relinquished all proprietary and pecuniary rights thereto. Where any such communication or data is posted by NYSIF, 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.

Disclaimer of Legal and Business Advice
The information contained in this website policy should not be construed in any way as giving business, legal, or other advice.
Disclaimer of Fail Proof Information Security
While NYSIF endeavors to protect your personal information, no data transmission or storage system can be guaranteed one hundred percent secure, and NYSIF recognizes the possibility of human and/or mechanical error. Therefore, the information contained in this policy should not be construed in any way as warranting, as fail proof, the security of information provided through this website.
Disclaimer of Express or Implied Warranties
The materials and information contained in this web site are provided “as is” and without any warranty of any kind, either expressed or implied, including, but not limited to, any implied warranties of merchantability or fitness for a particular purpose. NYSIF assumes no liability of any kind, whether in contract, tort, strict liability or any other type of liability, for damages of any kind incurred as a result of the use of this website. NYSIF specifically denies any expressed or implied warranty in regard to any information supplied or obtained through, or as a result of use of this website.
Information Disclaimer
This website may provide you with information or means of obtaining information about workers’ compensation and disability benefits insurance or volunteer firefighters’ benefits and volunteer ambulance workers’ benefits insurance; or NYSIF may respond to your electronically communicated request for information. While all attempts are made to provide accurate, current and reliable information, NYSIF recognizes the possibility of human and/or mechanical error. Therefore, NYSIF, its employees, officers and agents make no representations as to the accuracy, completeness, currency, or suitability of the information so provided.
Links Disclaimer
In order to provide visitors with certain information, this website may provide links to local, state and federal government agencies, and websites of other organizations. A link does not constitute an endorsement of the content, viewpoint, accuracy, opinions, policies, products, services, or accessibility of that website by NYSIF. Once you link to another website from this website, including one maintained by the state, you are subject to the terms and conditions of that website, including, but not limited to, its privacy policy and security policy. Your destination website’s privacy, accessibility, copyright and security policies, if any, may differ from ours. External website owners are solely responsible for the content and performance of their websites and should be contacted directly with any questions.
In order to provide visitors with certain services, this website may redirect you to another website that NYSIF has contracted with to provide a service, after you click the appropriate link. Your destination website’s privacy, accessibility, copyright and security policies, if any, may differ from ours. NYSIF does not possess or exercise any control or endorse the content, opinions, accuracy, policies, products, or services of that website. External website owners are solely responsible for the content and performance of their websites and should be contacted directly with any questions.

(VII) Limitation of Liability & Indemnification of NYSIF

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.

Except to the extent prohibited under applicable law, you agree to defend, indemnify and hold harmless NYSIF from and against all claims, losses, costs and expenses (including attorneys’ fees) arising out of (a) your use of, or activities in connection with, NYSIF.com; and (b) any violation or alleged violation of these Terms and Conditions or the NYSIF Internet Privacy Policy by you.

(VIII) Copyright/Trademark

Except where otherwise indicated, all materials contained in this website, including the applications for insurance, are the copyrighted property of The New York State Insurance Fund. The NYSIF logo, and all other service marks and the names of various products and service described within and offered by NYSIF are service marks of NYSIF. Permission is hereby granted to use, copy and distribute these materials as presented in this website and without alteration for non-commercial purposes only, provided that all copyright and other proprietary notices appear in all copies in the same manner as the original. All other uses are prohibited. Except as expressly provided herein, you shall not use any portion of this website, or any other intellectual property of NYSIF (including, but not limited to NYSIF service marks), on any other website, in the source code of any other website, or in any other printed or electronic materials. Except as expressly provided herein, you shall not modify, publish, reproduce, republish, create derivative works, copy, upload, post, transmit, distribute, or otherwise use any of this website's content or frame this website within any other website without our prior written permission.

(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.

(X) Waiver & Severability

You agree that if NYSIF does not exercise or enforce any legal right or remedy which is contained in these terms (or which NYSIF otherwise has under applicable law), such omission will not be taken to be a waiver of NYSIF’s rights and shall not be construed to be a modification of these Terms.

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 superseded by a valid, enforceable provision that most closely matches the intent of the original provision.

© 2016 New York State Insurance Fund. All rights reserved. Last Updated: August 15, 2016

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