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Welcome to the MemberDirect web site (the "Site") operated by the Austin Firefighters Relief and Retirement Fund (also referred to as the Austin Firefighters Retirement Fund, the “Fund” or “AFRF”).

1. REGISTRATION FOR USE OF MEMBER PORTAL

To access this Member Portal, 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/user ID and password will not occur unless you check the box acknowledging that you have read and agree to the Terms and Conditions contained herein, including without limitation the Website Terms of Use, Legal Disclaimer, and Privacy Policy which is incorporated herein by reference and may be accessed by clicking here1. You acknowledge and agree that you may transact business with AFRF by means other than the use of this Member Portal, such as in person or over the telephone, and that your use of this Member Portal is voluntary.

2. LAWS, REGULATIONS AND POLICIES

User access to and use of the Member Portal is subject to all applicable federal, state, and local laws and regulations. If the information on this Member Portal conflicts with the relevant provisions established in the laws or policies which govern AFRF, the relevant law and/or policy controls. AFRF reserves the right to change the Member Portal at any time including, without limitation, to correct any information contained on the Member Portal to comply with federal or state statutes, rules and policies that govern the Fund.

3. LIMITATION OF LIABILITY

AFRF makes every attempt to provide current and accurate information through the Member Portal, but errors or changes in the Fund’s governing law or policies may occur.

YOU AGREE THAT AFRF 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 MEMBER PORTAL 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 MEMBER PORTAL; 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 AFRF HAD BEEN ADVISED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. AFRF CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED, OR SECURE ACCESS TO THE MEMBER PORTAL.

YOU UNDERSTAND THAT INFORMATION ON THE MEMBER PORTAL 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 MEMBER PORTAL 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 AFRF, AND ITS OFFICERS, TRUSTEES, EMPLOYEES AND AGENTS ARE NOT LIABLE FOR ANY INACCURACIES, ERRORS OR OMISSIONS IN THE MEMBER PORTAL’S CONTENT OR FOR ANY DECISIONS OR OTHER ACTIONS THAT YOU TAKE BASED ON SUCH CONTENT.

4. IDENTITY OF VERIFICATION

You understand that AFRF has implemented a web-based authentication process for users. You understand AFRF may contract with third-party vendors (e.g., Twilio) to access data sources to authenticate your identity for your online account. You understand that as part of the authentication process, you may be required to provide personal information to such third-party service provider. You also authorize your wireless carrier (AT&T, Sprint, T-Mobile, US Cellular, Verizon, or any other branded wireless operator) to disclose to AFRF 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 Member Portal. AFRF does not and will not sell or share your personal information to anyone, for any reason, at any time, except as provided herein to authenticate your identity and help keep your account secure.

5. VIOLATIONS AND TERMINATION OF RIGHTS TO USE MEMBERDIRECT

You agree that AFRF reserves the right to terminate your access to the Member Portal at any time and at its sole discretion without notice including, without limitation, if you violate these Terms and Conditions. AFRF reserves the right to seek all remedies available at law and in equity for violations of these Terms and Conditions.

6. ACCESS TO SECURE AREAS OF MEMBER PORTAL

Access to and use of password protected and/or secure areas of the Member Portal is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Member Portal may be subject to criminal prosecution and to civil damages.

7. 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 Member Portal, you consent to jurisdiction in Texas courts and to venue in Travis County, Texas.

8. 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 AFRF may provide this information to you at your postal address, electronic mail address, online posting through the Member Portal, via facsimile transmission, wireless services, text messaging, CD-ROM, or such other electronic method as AFRF 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 AFRF, and you understand that AFRF 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.

9. 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.

10. BENEFIT ESTIMATES AND CALCULATIONS; RELEASE OF LIABILITY

You may obtain benefit estimates and other benefit-related calculations on the Member Portal. The information contained in an estimate or calculation is only an approximation and is not to be construed in any way as a promise or contract with AFRF to pay a specified benefit amount, guarantee a specific retirement eligibility date, 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 and benefits will be made by AFRF based upon the law and policies in effect at the time of the determination and is subject to audit and recalculation if necessary. All estimates, calculations, and the information they are based on are subject to final verification for accuracy by AFRF prior to the payment of benefits and AFRF specifically reserves the right to correct any error.

Further, the information in an estimate or calculation 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, AFRF DOES NOT GUARANTEE THE RESULTS PROVIDED AND IS NOT RESPONSIBLE FOR ANY CONSEQUENCE TO ANY 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 AFRF benefit.

11. YOUR RESPONSIBILITIES

1. Your Registration Information. 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 log in to your account, as well as for any transaction occurring in an account opened, held, or accessed through such password, and you agree that AFRF 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 AFRF 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 AFRF.
   
   For your safety, never disclose your password to anyone. When accessing the Member Portal, 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 Member Portal independently.
2. Information Provided Through Member Portal. When you provide information to AFRF through the Member Portal, 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 AFRF for any purpose.
3. Your Use of the Member Portal. You may not use the Member Portal to engage in any illegal activity or non-permitted purposes. You shall not attempt to or actually disrupt, interfere with, or alter the Member Portal or Member Portal 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 Member Portal.
4. Applying For Benefits. You are solely responsible for timely and properly applying for benefits. AFRF does not pay benefits retroactively. Members are encouraged not to delay when applying for benefits. Members are also responsible for keeping their contact information and beneficiary designations current with AFRF.
5. Limit of Liability. YOU AGREE THAT AFRF WILL NOT HAVE ANY RESPONSIBILITY OR LIABILITY FOR ANY CLAIMS WITH RESPECT TO YOUR MISUSE OF THE WEBSITE, YOUR FAILURE TO NOTIFY AFRF OF ANY OF THE ISSUES ABOVE, FOR YOUR FAILURE TO TIMELY APPLY FOR BENEFITS, OR YOUR FAILURE TO KEEP AFRF INFORMED OF ANY APPLICABLE CHANGES IN YOUR EMPLOYMENT, BENEFICIARY, OR OTHERWISE.

12. 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.

13. TERMS AND CONDITIONS MAY CHANGE

These Terms and Conditions are subject to change at any time without notice. Your use of the Member Portal following any update or modification constitutes your agreement to be bound by the most current version of these Terms and Conditions, which you may access at any time using the links on the website. AFRF encourages you to review the Terms and Conditions whenever you access the Member Portal.