Terms and Conditions
APRS MemberDirect ("Member Portal")
Welcome to the MemberDirect web site (the "Site") operated by the Austin Police Retirement System ("APRS" or the “System”). To access this Site, you must become a MemberDirect user by following the Registration process. You are required to read and agree to these Terms and Conditions when registering. Registration of your Username and Password will not occur unless you check the box acknowledging agreement to the following Terms and Conditions. You acknowledge and agree that you may transact business with APRS by means other than the use of this Site, such as in person or over the telephone, and that your use of this Site is voluntary.
1. LAWS, REGULATIONS AND POLICIES
User access to and use of the Site is subject to all applicable international, federal, state, and local laws and regulations. If the information on this Site conflicts with the relevant provisions established in the laws or policies which govern APRS, the relevant law and/or policy controls. APRS reserves the right to change the Site at any time including, without limitation, to correct any information contained on the Site to comply with federal or state statutes, rules and policies that govern the System.
2. LIMITATION OF LIABILITY
YOU AGREE THAT APRS, AND ITS OFFICERS, TRUSTEES, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SITE OR A LINKED SITE, INCLUDING BUT NOT LIMITED TO THE DISCLOSURE OR MISUSE OF MEMBER INFORMATION OBTAINED USING YOUR USER ID AND PASSWORD; ANY ERRORS, INACCURACIES OR CHANGES TO THE INFORMATION OBTAINED BY ACCESSING THE SITE; TRANSMISSION OF ANY VIRUSES WHICH MAY INFECT A USER'S EQUIPMENT; FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES; TELEPHONE OR INTERNET CONNECTION PROBLEMS; UNAUTHORIZED ACCESS; OR ANY FORCE MAJEURE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR INDIRECT DAMAGES AND INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF APRS HAD BEEN ADVISED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. APRS CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED, OR SECURE ACCESS TO THE SITE.
YOU UNDERSTAND THAT INFORMATION ON THE SITE OR A LINKED SITE is provided for informational purposes only and MAY BE INCOMPLETE OR CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. You acknowledge that the information provided on the Site or a linked site is not intended to be legal, investment, or tax advice and may not be relied upon as such. YOU AGREE THAT APRS, and its officers, trustees, employees and AGENTS ARE not liable for any INACCURACIES OR errors in THE SITE’S content or for any investment decisions or other actions that you take based on such content.
3. CONFIDENTIALITY AND IDENTITY VERIFICATION
APRS will take reasonable measures to maintain the confidentiality of all user information and communications provided on and transmitted through the Site which is designated confidential by law; however, the use of electronic means to register and access your APRS information is risky and can subject you to the illegal or inappropriate use of your information. By using THE site, you agree to assume these risks.
You understand that APRS has implemented a web-based authentication process for users. You also authorize your wireless carrier (AT&T, Sprint, T-Mobile, US Cellular, Verizon, or any other branded wireless operator) to disclose to APRS and its third-party service providers your mobile number, network status, customer type, billing type, mobile device identifiers (IMSI and IMEI) and other subscriber status and device details, if available, solely to verify your identity and prevent fraud for the duration of the relationship and your use of the Site.
4. VIOLATIONS AND TERMINATION OF RIGHTS TO USE MEMBERDIRECT
You agree that APRS reserves the right to terminate your access to the Site at any time and at its sole discretion without notice including, without limitation, if you violate these Terms and Conditions. APRS reserves the right to seek all remedies available at law and in equity for violations of these Terms and Conditions.
5. ACCESS TO SITE/MEMBERDIRECT PORTAL
Access to and use of password protected and/or secure areas of the Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Site may be subject to criminal prosecution and to civil damages.
6. JURISDICTION/GOVERNING LAW
You agree to submit to the laws of the State of Texas and applicable federal law without regard to conflicts of laws principles. In the event of any legal action arising out of the use of this Site, you consent to jurisdiction in Texas courts and to venue in Travis County, Texas.
7. ELECTRONIC DELIVERY CONSENT
You agree that communications, notices, and other information, including notices or other documents required by applicable law, may be delivered to you electronically. You understand and agree that APRS may provide this information to you at your postal address, electronic mail address, online posting through the Site, via facsimile transmission, wireless services, text messaging, CD-ROM, or such other electronic method as APRS notifies you of in the future. All communications so sent, whether by mail, electronic means, or otherwise, shall be deemed given to you personally, whether or not actually received. In addition, you acknowledge and agree that you are responsible for having access to any necessary hardware, software, or other technology to access the electronic deliveries made by APRS, and you understand that APRS will not be responsible for any difficulties resulting from your failure to possess or have access to technology adequate to use the electronic communications to your satisfaction.
8. ELECTRONIC SIGNATURE CONSENT
To the extent that documents may be submitted electronically through the portal, you intend and agree that such transactions may be conducted by electronic means pursuant to the Uniform Electronic Transactions Act (TEX. BUS. & COM. CODE § 322.001 et seq.) or any similar law.
9. BENEFIT AND PURCHASE ESTIMATES; RELEASE OF LIABILITY
You may obtain estimates of benefits and purchase calculations on the Site. The information contained in an estimate is not to be construed in any way as a promise or contract with APRS to pay a specified benefit amount, provide a post retirement adjustment, guarantee a specific retirement eligibility date, set a specific amount for a purchase of service, or provide any other expressed or implied right or benefit. It also may not include amounts a member is obligated to pay due to a divorce, tax levy, or other type of garnishment. Individual member circumstances and/or assumptions about future events may make these results inaccurate. The actual determination of eligibility, benefits, and service purchase costs will be made by APRS based upon the law and APRS policies in effect at the time of the determination and is subject to audit and recalculation if necessary. Further, the information in an estimate is not intended to be legal, investment, or tax advice and may be subject to other applicable federal or state laws. While every attempt has been made to ensure the accuracy of the ESTIMATES AND calculations, APRS does not guarantee the results provided and is not responsible for any consequence to person or entity relying on such information. You are encouraged to consult with an attorney and/or tax professional prior to making any final decisions with respect to your APRS benefits
10. YOUR RESPONSIBILITIES
You are fully responsible for the confidentiality and use of your User ID and password which allows access to your account. You accept full responsibility for the use and protection of the password used to login to your account, as well as for any transaction occurring in an account opened, held, or accessed through such password, and you agree that APRS may presume that any request or information entered by a person using the password is authorized by you. If You allow third parties to access your accounts, you agree to defend and indemnify APRS against any liability, arising out of claims or suits by such third parties based upon or relating to such access and use. If you have any evidence or suspect any unauthorized use of your password or account, or any other security violation, you agree to immediately notify APRS.
For your safety, never disclose your password to anyone. When accessing the Site, never leave your computer unattended. Consider using a computer or device that is solely under your control. It is also highly recommended that you close your Internet browser (e.g. Internet Explorer, Firefox) upon exiting/signing out from your account. It is your responsibility to confirm any changes that you have made through this Site independently.
When you provide information to APRS through the Site, you agree to provide true, accurate, current, and complete information about yourself. You also agree not to impersonate any person or entity, misrepresent any affiliation with another person, entity or association, or conceal your identity from APRS for any purpose.
You shall not attempt to or actually disrupt, interfere with, or alter the Site or Site content, nor shall you allow other persons to do the same. You shall not directly or indirectly collect or attempt to collect any information about others, including passwords, account, or other information. You also agree not to decompile, reverse engineer, disassemble, or unlawfully use or reduce any of the software, copyrighted or trademarked material, trade secrets, or other proprietary information contained in the Site.
Furthermore, you agree to notify APRS within ten (10) days, in writing, of the following: any failure to receive a message from the APRS Member Portal indicating that a request was received and/or executed by APRS; any failure to receive an accurate confirmation of an execution; any receipt of confirmation of a request and/or execution which you did not place; any inaccurate information in your account balances or transaction history; or any discrepancy in your account information. APRS will use commercially reasonable efforts to correct these issues.
You are solely responsible for timely and properly applying for benefits. APRS does not pay benefits retroactively. Members are encouraged not to delay when applying for benefits. Also, members are responsible for notifying APRS of their proportionate time in all other Texas retirement systems which participate in the Proportionate Retirement Program and keeping that information current. If the member does not provide proportionate information to APRS or does not update that information, APRS will not have it. This may result in the loss of benefits. Members are also responsible for keeping their contact information and beneficiary designations current with APRS.
You agree that APRS will not have any responsibility or liability for any claims with respect to YOUR MISUSE OF the WEBSITE, YOUR FAILURE TO NOTIFY APRS OF ANY OF THE ISSUES ABOVE, FOR YOUR FAILURE TO TIMELY APPLY FOR BENEFITS, OR YOUR FAILURE TO KEEP APRS INFORMED OF ANY APPLICABLE CHANGES IN YOUR EMPLOYMENT, BENEFICIARY, OR OTHERWISE.
11. LEGAL CAPACITY
You affirm that you are more than 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions and to abide by and comply with these Terms and Conditions.
12. COLLECTION AND USE OF INFORMATION
APRS collects personal information from a member at several different points on Site in order to enable access to its member database. APRS is the sole owner of any personal information collected and does not sell, share, rent or otherwise distribute any of this information.
13. E-MAIL; ASSUMPTION OF RISK
E-mail is not a secure platform. Information passed through e-mail can be intercepted by third parties. If you communicate personal information (e.g., account information) via an e-mail to APRS you assume the risk for damages which may result.
14. LINKS TO OTHER WEBSITES
As a convenience for users, the Site contains links to other websites created and maintained by other public and private entities. The links are for informational purposes only, and their inclusion does not imply endorsement of any vendor, product, or service. APRS is not responsible for the material found on any linked site or for the privacy practices of such other sites. We encourage you to read the privacy statements of these linked sites because their privacy policies may differ from ours, and we caution you to use your own best judgment before sending personal or confidential information over the Internet.
15. LOG FILES
APRS logs Internet Provider (IP) addresses and user browser types for statistical and systems administration purposes only. These logs are analyzed to determine user interest in the various areas of our site, to identify system performance or problem areas and to improve the value of the materials available on the website.
16. TERMS AND CONDITIONS MAY CHANGE
These Terms and Conditions are subject to change at any time without notice. Your use of the Site following any update or modification constitutes your agreement to be bound by these Terms and Conditions. For this reason, APRS encourages you to review the Terms and Conditions whenever you access the Site.