Registration Disclaimer
BY CLICKING TO ACCEPT THE TERMS FOUND IN THE PRIVACY POLICY AND TERMS AND CONDITIONS OF USE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY THIS POLICY AND THESE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THIS POLICY AND THESE TERMS, YOU MAY NOT ACCESS THE PASSWORD-PROTECTED AREAS OF THIS SITE.
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Privacy Policy:
Massachusetts Bay Transportation Authority Retirement Fund
Welcome to mbtarf.com, the website for the Massachusetts Bay Transportation Authority Retirement Fund (the “MBTARF” or the “Fund”). We are committed to maintaining the privacy of information that you might share with us while visiting our site and interacting with us online. This privacy policy and agreement (the “Online Privacy Policy” or “Online Policy”) covers how we collect, use, and treat personal information that you may provide through the mbtarf.com website (the “Website” or the “Site”) or while providing information via password-protected areas of the Site.
The terms “you” and “your” refer to any visitor to the Website, including (i) casual visitors to our Site, who wish to learn more about our services (“Site Visitors”), and (ii) Active Members and Retired Members who register to access password-protected areas of our Site, use our Retirement Calculator, and enjoy other features of these areas of our Site (“Registered Users”). The terms “we” and “us” refer to the MBTARF, and the term “mbtarf.com” refers to our Website. For your convenience, Section 16 provides a full set of definitions used in this Online Privacy Policy.
1. Your Consent
Please read this Online Privacy Policy carefully; when you consent to this Online Policy’s terms, it creates legal obligations on you and on the MBTARF. We ask you to show your consent to the terms of this Online Privacy Policy in different ways, depending on your relationship to the Site. The procedures for consenting to this Online Policy are (a) less formal if you are a casual Site Visitor, and (b) more formal if you are seeking to become a Registered User.
1.1. Consent by Site Visitors. By accessing and using our Website as a Site Visitor, you are acknowledging that you have read and understood this Online Privacy Policy and agree to be legally bound by it. If you do not agree with the terms of this Online Privacy Policy, please refrain from using our Site.
1.2. Consent by Registered Users. If you sign-up as a Registered User via our Website, you will be prompted to click an “I Accept” button linked to this Online Policy during the registration process. Clicking “I Accept” further confirms your agreement to be bound by this Online Privacy Policy.
1.3. Connection to Our Website Terms. Clicking the “I Accept” button will also confirm your agreement to comply with our Website Terms, including our “Code of Conduct,” as further specified during the registration process.
2. Components of Our mbtarf.com Website
Our Website is divided into three, broad areas and feature-sets: (i) those areas and features that are accessible to all Users (the “General Site”); (ii) those areas and features that are password-protected and accessible by our Active Members; and (iii) those areas and features that are password-protected and accessible by our Retired Members. The password-protected areas and features that are accessible by our Active Members and Retired Members are designed to be available only to our Registered Users (the “Password-Protected Areas”), as further described below:
2.1. Our General Site. Our General Site is designed to provide Users with a range of information concerning (i) who we are; (ii) what we do; (iii) how to contact us; and (iv) resources and links. On our General Site, for example, Users can access a page with contact information and links to resources outside of the Fund, such as the Massachusetts Bay Transportation Authority (“MBTA”), the Mass Bay Credit Union, and various MBTA unions. Our General Site is also designed to provide a gateway to our Password-Protected Areas.
2.2. Our Password-Protected Areas. Our Password-Protected Areas are designed to provide a range of features, tailored to the particular Registered User. For instance, the features available to our Active Members include items, such as a virtual tour, the Retirement Calculator, policy documents, forms, and information on your retirement benefits. While the features available to our Retirees include items, such as the year’s payment schedule, policy documents, forms and frequently asked questions. The Password-Protected Areas do not allow Registered Users to access any information contained in their member files.
3. The Relationship Between This Online Policy and the MBTARF Policies on Privacy and Data Protection
The MBTARF values the privacy of its Active Members and Retired Members. Towards this end, the MBTARF has developed and implemented the following privacy and data protection policies: (i) the MBTARF’s Information Security Program; (ii) the MBTARF Privacy Policy; and (iii) the Members’ Bill of Rights and Standards for Reporting and Confidentiality (collectively, the “MBTARF Policies on Privacy and Data Protection”).
When read together, the MBTARF Policies on Privacy and Data Protection control the disclosure of Personal Information. So, if a circumstance arises where a provision of this Online Privacy Policy conflicts with the MBTARF Policies on Privacy and Data Protection then the MBTARF Policies on Privacy and Data Protection will govern our relationship, and not the conflicting portion of this Online Privacy Policy.
Please keep in mind that if you are a Site Visitor and not a Registered User, then the MBTARF Policies on Privacy and Data Protectionmay not apply to you. If that is the case, then this provision does not apply to your use of the Site. However, you will continue to be covered by this Online Privacy Policy.
4. The Types of Information You May Provide
4.1. Registered Users
Registered Users are asked to input Personal Information on four occasions: 1) when creating a new account; 2) when logging in to a Password-Protected Area; 3) when requesting a new password; and 4) when populating the benefits forms found in Password-Protected Areas. The Fund will only retain your Personal Information for the purpose of keeping a record of all active Users of the Site. Our use of such Personal Information is governed by the other Fund policies on privacy and data protection, which are read in conjunction with this Online Privacy Policy. We use the term “Personal Information” to mean any information that could reasonably be used to identify you, including your name, address, e-mail address, birth date, telephone number or any combination of such information that could be used to identify you.
While participating as a Registered User of our Site, you will also be asked to create and enter a “username” and “password” (“Transaction Information”) to access Password-Protected Areas of the Site. We use the term “Transaction Information” to refer to information you may provide in connection with your authorized use of a Password-Protected Area. The term “Personal Information” includes Transaction Information.
In addition, you may provide anonymous, aggregate information to us while visiting our Site or while participating as a Registered User. We use the term “Anonymous Information” to mean information that does not identify you, and may include statistical information concerning, for example, the pages on our Site that users visit most frequently.
4.2. Site Visitors
Site Visitors are not asked to input any Personal Information on our Site. Also, Site Visitors will not create or enter a username or password to access Password-Protected Areas of the Site. However, Site Visitors may provide Anonymous Information to us while visiting our Site, which information will be treated according to this Online Policy.
5. Our Uses of the Information You Provide
We use information you provide to us via the Website only as provided in this Online Policy. We use the Personal Information you provide via the Website for purposes of providing you with the services you request and for retaining a record of your use of the Site, as permitted by our Website. Although under certain circumstances we share your Personal Information with third parties, we either do so in restricted contexts, or we allow you to choose whether we share the information, as set out in Section 6 (Disclosures to Third Parties). In addition, our use of Registered Users’ Personal Information is governed by the other Fund policies on privacy and data protection, which are read in conjunction with this Online Privacy Policy.
Specifically, we collect, or receive, information from Site Visitors and Registered Users at different points on our Website, and use this information as follows:
5.1. Registration Information. In order to become a Registered User on our Site, we require that you complete a registration form. This form asks for contact information, which includes such items as (i) name; (ii) mailing address; and (iii) email address. We use the information to provide a password, and in part to authenticate the User as part of the process of providing access to a Password-Protected Area.
5.2. Informational Notices and Bulletins. Periodically, we may choose to send news, bulletins, or other information to Users, and may use Personal Information to send such communications. If we choose to undertake such communications, you will have the ability to opt out of receiving these communications as provided in Section 10 (Changing or Removing Information; Opting Out).
5.3. Transaction Information. Where you provide us with Transaction Information, we use that Information for purposes of fulfilling the services provided for in the associated Password-Protected Area, and we do not share this Information with third parties, except as provided in Section 6.
5.4. Retirement Calculator. The Retirement Calculator is the service that provides an approximation of retirement benefits based on your input of requested information. This service is for convenience only. The Fund does not retain any of the information entered into the Retirement Calculator. If by some chance we do retain any of the information entered into the Retirement Calculator, then we will treat this information as if it is Personal Information under this Online Policy. For more information on the Retirement Calculator please see the MBTARF Terms and Conditions of Use.
6. Disclosures to Third Parties
As an exception to the policies set out in Section 5 (Our Uses of the Information You Provide), you agree that we may disclose Personal Information to third parties, without your further consent, in the following circumstances:
6.1. Site Vendors and Licensors. We may employ other companies to perform functions on our behalf, such as maintaining the Website, providing services related to the Site, collecting information, responding to and sending electronic mail, or other functions necessary to our business. In addition, we have engaged certain licensors and data providers in order to offer real estate listing information, and other information on our Site. In order to obtain these services, we may need to share your Personal Information with these companies (collectively, “Site Vendors”). We will provide Site Vendors with only that information necessary to obtain their services with respect to our Website. Upon reasonable request, we will take reasonable steps to identify for you those of our Site Vendors (if any) who provide a level of protection to Personal Information obtained via our Site that is materially less than that set out in this Online Policy.
6.2. Risk of Harm; Legal. We may reveal your Personal Information on a case-by-case basis in order to alleviate a threat of harm to you, or by you. In addition, we may reveal your Personal Information to the extent we are required to do so by law.
7. Anonymous, Aggregate Information
We use Anonymous Information to analyze the effectiveness of our Site, and for other similar purposes. In addition, from time to time, we may undertake or commission statistical and other summary analyses of the general behavior and characteristics of Users of the Site, and may share Anonymous Information with third parties for this purpose. Rest assured, though, that Anonymous Information provided to third parties will not allow anyone to identify you, or determine anything personal about you. We may collect Anonymous Information through features of the software that supports our Site, through cookies, and through other means described below.
7.1. IP Addresses; Logs. We may automatically receive and record information in our server logs from your browser, including your IP address (the Internet address of your PC), your computer’s name, the type and version of your web browser, referrer addresses, where the computer is routing from, and other generally-accepted log information. We may also record page views (hit counts) and other general statistical and tracking information, which will be aggregated with that of other users in order to understand how our Website is being used, and for security and monitoring purposes.
7.2. Cookies. A cookie is a small amount of data, which often includes an anonymous unique identifier, which is sent to your browser from a website’s computer and stored on your computer’s hard drive. Cookies can be used to provide you with a tailored user experience and to make it easier for you to use a website upon a future visit. We may include cookies on our Website and use them to recognize you when you return to our Website. You may set your browser so that it does not accept cookies. Cookies must be enabled on your web browser, however, if you wish to access certain personalized features of our Services.
8. Any Information Linked With Your Personal Information Is Protected As “Personal Information”
If we combine or link any Anonymous Information or other information with your Personal Information, the resulting combination will be treated and protected as Personal Information under this Online Privacy Policy.
9. The Relationship Between Information You Provide At Our Site, And Information From Offline Sources
This Online Privacy Policy applies to information that you provide through using our Website. This Online Privacy Policy does not apply to information you provide through other means.
10. Changing or Removing Information; Opting Out
10.1. Discretionary Account Information. To allow appropriate control over Personal Information, you can access your account (after supplying your user name and password) to change your password, or to correct your email address for errors.
10.2. Opt-Out. If we send you bulletins, updates, or other communications, we will provide you with the ability to decline — or “opt-out of” – receiving such communications. Instructions for opting-out will be provided either (a) with each such communication, or (b) in a prominent location on our Website. Please understand that you will not be allowed to “opt–out” of formal notices concerning operation of this Website, and legal and other related notices concerning your relationship to the Site.
10.3.Deleting Information Provided Via This Website. If you have provided us with Personal Information in connection with your use of this Site, upon your request, we will remove this Personal Information from our Website databases. Please understand, however, that it may be impossible to remove this information completely, due to backups and records of deletions. In addition, please understand that, if you request deletion of your information, you will be unable to utilize associated features of the Website and any associated Services. You may not remove de-identified, anonymous, or aggregate data from our databases.
10.4. Limitations on Deleting Information. Please keep in mind that this Online Privacy Policy applies only to information provided through this Website, and does not apply to “Non-Website Information,” which is information the MBTARF obtains or is provided via other channels, such as public databases. Therefore, if we remove information from our Website databases in accordance with Section 10.3 (Deleting Information Provided Via This Website), this will not remove Non-Website Information from our databases. We will retain this Non-Website Information in our databases, including Personal Information that may relate to our users, where applicable law permits us to retain the Information. If you have questions concerning Non-Website Information, you may contact us as provided in Section 16 (Contact Us).
11. Security
We have put in place security systems designed to prevent unauthorized access to or disclosure of Personal Information you may provide to us, and we take all reasonable steps to secure and safeguard this Information. Our Site’s Password-Protected Areas require Users to give us unique identifiers such as their username and password. Employees of the Fund (and employees of our Site Vendors) are required to acknowledge that they understand and will abide by our policies with respect to the confidentiality of Personal Information.
Our security systems are therefore structured to deter and prevent hackers and others from accessing information you provide to us. We also use software programs to monitor network traffic to identify unauthorized attempts to upload or change information, or otherwise cause damage. Please understand, though, that this Section should not be viewed as giving business, legal, or other advice, or warranting as fail-proof, the security of information provided by or submitted to our Site. Due to the nature of Internet communications and evolving technologies, we cannot provide, and disclaim, assurance that the information you provide us will remain free from loss, misuse, or alteration by third parties who, despite our efforts, obtain unauthorized access.
12. Notice of Security Incident
If we detect, despite the safeguards set out above, an intrusion or other unauthorized access to or use of Personal Information (an “Intrusion”), we will (i) notify effected users of the Intrusion if the information at issue is sensitive, as determined by law, (ii) deliver this notice by the means we deem most efficient under the circumstances (such as, for example, first class mail or email); (iii) use contact information for each effected user that is current in our files; and (iv) use commercially reasonable efforts to accomplish these steps and effect this notice in a timely manner. To the extent applicable law requires steps in addition to those specified above, we will under all circumstances comply with applicable law.
13. Notification of Changes
From time to time, we may change our Online Privacy Policy. If we make any changes regarding disclosure of Personal Information to third parties, upon your next login we will inform you of the modified policy. We will post notice of the new Online Policy from the privacy link on our Website. With respect to Site Visitors, your use of our Site following any such change constitutes your agreement to follow and be bound by the Online Privacy Policy, as changed. With respect to Registered Users, no such changes will take effect unless and until you have provided us with your consent to such changes, in accordance with Section 1 (Your Consent), above.
14. Relationship to Terms and Conditions of Use and Other Contracts
This Online Privacy Policy must be read in conjunction with our Terms and Conditions of Use, and the provisions of our Terms and Conditions of Use are incorporated herein. To the extent the Terms and Conditions of Use conflict with the terms of this Online Privacy Policy, the terms of this Online Privacy Policy will control.
15. Participation by Children and Teens; Advisory
Our Website is not directed at children, and we will not accept or request Personal Information from individuals we know to be under 13. In accordance with the Children’s Online Privacy Protection Act (“COPPA”), if we learn that a child under 13 has provided Personal Information, we will either (i) delete this information from our databases, in accordance with our deletion procedures, set out in Section 10, or (ii) obtain verifiable parental consent, in accordance with COPPA.
16. Definitions
16.1. “Active Member” means an employee who is or may become a member of any union recognized by the MBTA for collective bargaining purposes.
16.2. “Anonymous Information” information that does not identify you, and may include statistical information concerning, for example, the pages on our Site that users visit most frequently.
16.3. “Contact Information” means information (that is generally publicly available) that would allow a person to contact a User, consisting of the User’s name, mailing address, email address, and/or phone number.
16.4. “Non-Website Information” has the meaning provided in Section 9 (The Relationship between Information You Provide At Our Site, And Information From Other Sources).
16.5. “Password-Protected Area” means that area or those areas of the Site where, in order to obtain access, a user must provide a password. Unless otherwise indicated, Password-Protected Areas consist of our Password-Protected Areas.
16.6. “Personal Information” means a natural person’s name, mailing address, email address, telephone number, cell phone number, and other information by which that person can be identified. Personal Information includes Transaction Information that a Registered User submits over a Password-Protected Area.
16.7. “Online Privacy Policy” means the Website privacy policy, located at www.mbtarf.com/sites/default/files/privacypolicy.doc.
16.8. “Registered User” means an Active Member or Retired Member, or other user for whom the Fund has created a password, and granted access to, a Password-Protected Area.
16.9. “Retired Member” means a former member who has been retired, or a former employee retired from service prior to the effective date of the Fund and entitled to a benefit under the MBTARF Pension Agreement.
16.10. “Retirement Calculator” has the meaning provided in Section 5.4 (Retirement Calculator).
16.11. “Site Visitor” means a casual visitor to the Website, who does not seek to become a Registered User, or does not qualify as a Registered User.
16.12. “Terms and Conditions of Use” or “Terms” means the Website terms of use, located at www.mbtarf.com/termsofuse.
16.13. “Transaction Information” information you may provide in connection with your authorized use of a Password-Protected Area, as further explained in Section 4. The term “Personal Information” includes Transaction Information.
16.14. “User” means a Site Visitor or Registered User.
16.15. “You” and “you” refer to any User of the Website.
17. Contact Us
If you have any questions about this Online Privacy Policy, the practices of this Site, or your dealings with this Website, please contact us at:
The Massachusetts Bay Transportation Authority Retirement Fund
Attention: Webmaster
Phone: (617) 316-3800
Address: One Washington Mall, 4th Fl., Boston, MA 02108
18. Effective Date
The effective date of this Online Privacy Policy is August 1, 2011.
Table (for convenience)
1. Your Consent
2. Components of Our mbtarf.com Website
3. The Relationship Between This Online Policy and the MBTARF Policies on Privacy and Data Protection
4. The Types of Information You May Provide
5. Our Uses of the Information You Provide
6. Disclosures to Third Parties
7. Anonymous, Aggregate Information
8. Any Information Linked With Your Personal Information Is Protected As “Personal Information”
9. The Relationship Between Information You Provide At Our Site, And Information From Offline Sources
10. Changing or Removing Information; Opting Out
11. Security
12. Notice of Security Incident
13. Notification of Changes
14. Relationship to Terms and Conditions of Use and Other Contracts
15. Participation by Children and Teens; Advisory
16. Definitions
17. Contact Us
18. Effective Date
Terms and Conditions of Use
Massachusetts Bay Transportation Authority Retirement Fund
This website (the “Website,” or the “Site”) is provided to you by the Massachusetts Bay Transportation Authority Retirement Fund (the “Fund”, “MBTARF”, “we” or “us”). To assist you in using our Website, and to ensure a clear understanding of the relationship arising from your use of our Site and the services we may offer through our Site, we have created (i) these Terms and Conditions of Use (the “Terms”) and (ii) a Privacy Policy (“Online Privacy Policy”). Our Online Privacy Policy explains how we treat information you provide to us through the Site, and our Terms govern your use of our Site. Our Terms and Online Privacy Policy apply to any visitor to the Website, including (i) casual visitors to our Site, who wish to learn more about our services (“Site Visitors”), and (ii) Active Members and Retired Members who register to access password-protected areas of our Site, use our Retirement Calculator, and enjoy other features of these areas of our Site (“Registered Users”).
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE YOU ACCESS OR USE THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, PLEASE DO NOT ACCESS OUR SITE.
1. Your Agreement
These Terms govern your use of the Website. Please read these Terms carefully; they impose legal obligations on you and on the Fund, and establish our legal relationship. By using our services or accessing our Website, you are acknowledging that you have read and understood these Terms and agree to be legally bound by them.
In addition, if you affirmatively sign up as a Registered User, during the submission process (and from time to time as we may require) you will be prompted to click an “I Accept” button, which further confirms your agreement to be legally bound by these Terms.
2. THE RELATIONSHIP BETWEEN THIS ONLINE PRIVACY POLICY and the MBTARF Policies on Privacy and Data Protection
The MBTARF values the privacy of its Active Members and Retired Members. Towards this end, the MBTARF has developed and implemented the following privacy and data protection policies: (i) the MBTARF’s Information Security Program; (ii) the MBTARF Privacy Policy; and (iii) the Members’ Bill of Rights and Standards for Reporting and Confidentiality (collectively, the “MBTARF Policies on Privacy and Data Protection”).
When read together, the MBTARF Policies on Privacy and Data Protection control the disclosure of Personal Information. So, if a circumstance arises where a provision of this Online Privacy Policy conflicts with the MBTARF Policies on Privacy and Data Protection then the MBTARF Policies on Privacy and Data Protection will govern our relationship, and not the conflicting portion of this Online Privacy Policy.
Please keep in mind that if you are a Site Visitor and not a Registered User, then the MBTARF Policies on Privacy and Data Protectionmay not apply to you. If that is the case, then this provision does not apply to your use of the Site. However, you will continue to be covered by this Online Privacy Policy.
3. COMPONENTS OF OUR MBTARF.COM WEBSITE
Our Website is divided into three, broad areas and feature-sets: (i) those areas and features that are accessible to all Users (the “General Site”); (ii) those areas and features that are password-protected and accessible by our Active Members; and (iii) those areas and features that are password-protected and accessible by our Retired Members. The password-protected areas and features that are accessible by our Active Members and Retired Members are designed to be available only to our Registered Users (the “Password-Protected Areas”).
The Password-Protected Areas allow Registered Users to access features, such as MBTARF publications, training materials, educational information, and a Retirement Calculator. These features are for the Registered User’s information only and should not be relied on for accuracy.
4. GRANT OF RIGHTS.
Provided you comply with these Terms, we grant you the right to access all areas of the Website for purposes of (i) learning who we are, what we do, and how to contact us; (ii) locating outside resources and links; and (iii) accessing additional information via Password-Protected Areas, in accordance with the functionality provided by the Site (collectively, “Permitted Purposes”). In addition, we grant you the right to print out a reasonable number of pages from our Website, and circulate to interested parties a copy of these pages, provided that (a) you use — and ensure others with whom you share copies use – the print-outs only for Permitted Purposes, and (b) you retain on these print-outs any copyright notices or other proprietary notices as they appear on our Website. Apart from these express rights to use our Site and print out Site content for Permitted Purposes, you may not use, copy, modify, distribute, or access our Website, or any materials we have made available on the Site. For security purposes, our Site is designed to disallow the downloading of Transaction Information from our Transaction Tracker.
5. MBTARF OWNERSHIP; RESERVATION OF RIGHTS
All information, software, artwork, text, video, audio, pictures, logos, and other content on the Website, including all associated intellectual property rights, are the property of the Fund and its licensors, and are protected by copyright and other intellectual property laws. The Fund uses these materials based on its ownership, on licenses from third parties, and on principles of “fair use.” As between the parties, the Fund retains all rights with respect to the Website except those expressly granted to you in Section 4 (Grant of Rights), above.
6. Links to Third-Party Sites
The Website may contain links or produce search results that reference links to third party Websites (collectively “Linked Sites”, or “Links”). The MBTARF has no control over these Linked Sites or their content and does not assume responsibility or liability for any content, opinions, or materials available on Linked Sites. The MBTARF does not endorse the content of any Linked Site, nor does the Fund warrant that a Linked Site will be free of computer viruses or other harmful code that can impact your computer or other Web-access device. By using the Website to search for or link to another site, you agree and understand that such use is at your own risk.
7. Code of Conduct
As a condition to your use of the Website, you agree to follow our Code of Conduct, set out below. Under this Code, you will not:
- Use the Website in a manner that could disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site
- Seek to obtain access to any materials or information through “hacking” or through other means we have not intentionally made available to you through the Website.
- Submit material that is intentionally false, defamatory, unlawfully threatening, illegal, or unlawfully harassing.
- Transmit materials through the Site that you know or should know contain viruses, Trojan horses, worms, time bombs, cancelbots, or other computer-programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information.
8. REVOCATION OR SUSPENSION OF USE PRIVILEGES
We reserve the right at any time to terminate or suspend your access to some or all of the Website if you engage in activities that we conclude, in our discretion, breach our Code of Conduct.
9. DISCLAIMERs
The Fund does not promise that the Website, including any Password-Protected Areas, will be error-free or uninterrupted, or that the Site will provide specific results from your use of any content, search, or link on the Site. The features of the Site, including the Retirement Calculator, materials, publications, and other general information are not a substitute for legal or tax advice and should not be treated that way by any Users of the Site. In addition, the Retirement Calculator only provides an estimate of your retirement benefits. It is for informational purposes only and is not to be relied on for its accuracy. The MBTARF is not bound by any estimates provided by the Retirement Calculator.
THE FUND DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES (INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE) WITH RESPECT TO THE SITE, AND ANY SERVICES WE OFFER OVER THE SITE, INCLUDING SITE FUNCTIONALITY, CONTENT, AVAILABILITY, OR OTHER COMPONENTS.
10. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORT, OR NEGLIGENCE, WILL THE FUND BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF OR ARE RELATED TO (I) YOUR USE OF THE GENERAL SITE, OR (II) YOUR USE OF A PASSWORD-PROTECTED AREA.
NOTHING IN THIS TERMS AND CONDITIONS OF USE SHALL PREVENT EITHER PARTY FROM RECOVERING DIRECT DAMAGES. IN THE EVENT THE FUND IS FOUND LIABLE, IN NO CIRCUMSTANCE SHALL THE LIABILITY OF THE FUND EXCEED THE AMOUNT OF $10,000.
11. INDEMNITY
You agree to defend, indemnify, and hold the MBTARF and its subsidiaries, affiliates, officers, directors, agents, and employees harmless from any liability to third parties, including reasonable attorneys’ fees, arising from or related to your breach of these Terms.
12. Additional Terms for Certain Services or Sites
Certain Password-Protected Areas provide other services that may be subject to additional or different terms and conditions. We will notify you if the Site or service you are accessing is subject to terms and conditions that differ from these Terms, and you will have the opportunity to decline to participate in such Sites or services, if you do not agree with the differing terms and conditions.
13. Modifications to these Terms
If we modify these Terms, any such modifications will take effect proactively, upon your subsequent access to the Website. Please feel free to print out a copy of these Terms for your records.
14. GENERAL
These Terms shall be governed in all respects by the laws of the Commonwealth of Massachusetts without giving effect to its conflicts of law provisions. Both parties submit to the personal jurisdiction of and venue in the state and federal courts in the Commonwealth of Massachusetts, in the judicial district that includes Boston, Massachusetts. The parties further agree that any cause of action arising under these Terms shall exclusively be brought in such courts. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. The Fund’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. This agreement and the terms and conditions contained herein set forth the entire understanding and agreement between the Fund and you with respect to the subject matter hereof and supersede any prior or contemporaneous understanding, whether written or oral.
15. SURVIVAL
The following provisions shall survive the termination of these Terms and shall apply indefinitely:
Section 5 (MBTARF Ownership; Reservation of Rights)
Section 9 (Disclaimers)
Section 10 (Limitation of Liability)
Section 11 (Indemnity)
Section 14 (General)
Section 15 (Survival)
16. CONTACT US
You may contact us for any reason at the following addresses:
The Massachusetts Bay Transportation Authority Retirement Fund
Attention: Webmaster
Phone: (617) 316-3800
Address: One Washington Mall, 4th Fl., Boston, MA 02108
17. Effective Date
The effective date of these Terms is August 1, 2011.