The Maryland-National Capital Park and Planning Commission Employees’ Retirement System

Welcome to the MemberDirect web site (the "Site") operated by the Maryland-National Capital Park and Planning Commission Employees’ Retirement System (M-NCPPC ERS). To access this site, you, as a member, beneficiary, or other individual who represents that you are legally authorized to access the Site, must become a MemberDirect user by following the registration process set forth on the Site. You are required to read and agree to this Agreement when registering and are bound by these terms and any modification thereof through your utilization of the Site. 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 M-NCPPC ERS 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 AND REGULATIONS

User access to and use of the Site is subject to all applicable international, federal, state, and local laws and regulations.

2. RELEASE OF LIABILITY FOR THE USE OF THE SITE AND LINKED SITES

THE INFORMATION, SOFTWARE, PRODUCTS, AND DESCRIPTIONS OF SERVICES PUBLISHED ON THE SITE OR A LINKED SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS, AND THE MARYLAND-NATIONAL CAPITAL PARK AND PLANNING COMMISSION EMPLOYEES’ RETIREMENT SYSTEM SPECIFICALLY DISCLAIMS ANY LIABILITY FOR SUCH INACCURACIES OR ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION ON THE SITE AND LINKED SITES. THE MARYLAND-NATIONAL CAPITAL PARK AND PLANNING COMMISSION EMPLOYEES’ RETIREMENT SYSTEM MAY MAKE IMPROVEMENTS OR CHANGES TO THE SITE AT ANY TIME.

YOU AGREE THAT THE Maryland-National Capital Park and Planning Commission Employees’ Retirement System, THE PLAN SPONSOR, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, BOARD MEMBERS, TRUSTEES, SERVICE PROVIDERS, AND AGENTS WILL NOT BE LIABLE, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, COST OF PROCURING SUBSTITUTE SERVICE OR LOST OPPORTUNITY) ARISING OUT OF YOUR USE OF OR THE DELAY OR INABILITY TO USE THE SITE OR A LINKED 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, THEFT, OPERATOR ERRORS, STRIKES, OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE, EVEN IF THE MARYLAND-NATIONAL CAPITAL PARK AND PLANNING COMMISSION EMPLOYEES’ RETIREMENT SYSTEM IS MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THE MARYLAND-NATIONAL CAPITAL PARK AND PLANNING COMMISSION EMPLOYEES’ RETIREMENT SYSTEM CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED, OR SECURE ACCESS TO THE SITE.

You understand that while every attempt is made to ensure that the transmission of electronic data is available at all times, M-NCPPC ERS accepts no responsibility for damage, losses, liabilities or problems that occur as a result of interruption of data transmission services or the inability to access this service for any reason, or your error.

The information provided on the Site should not be solely relied upon. No one can detrimentally rely upon the information provided in or requested through the Site. M-NCPPC ERS, AND ITS BOARD MEMBERS, TRUSTEES, EMPLOYEES, AND SERVICE PROVIDERS, WILL NOT BE LIABLE FOR ANY ERRORS IN ITS CONTENT, OR FOR ANY DECISIONS, INCLUDING, BUT NOT LIMITED TO, INVESTMENT DECISIONS, OR OTHER ACTIONS THAT YOU TAKE BASED ON IT. You should not and may not rely on this information for investment, tax or legal advice.

If the information in this website conflicts with the relevant provisions established in the laws, plan documents and/or policies which govern M-NCPPC ERS, the relevant laws, plan documents and/or policies shall control. M-NCPPC ERS reserves the right to correct any information contained on the Site to comply with federal, state or local statutes, rules and policies that govern M-NCPPC ERS.

3. CONFIDENTIALITY OF USER INFORMATION

The Maryland-National Capital Park and Planning Commission Employees’ Retirement System will endeavor to maintain the confidentiality of all user information provided on the Site; however, the use of electronic means to register and access your Maryland-National Capital Park and Planning Commission Employees’ Retirement System information is risky and can subject you to the illegal or inappropriate use of your information. BY USING THIS SITE, YOU AGREE TO ASSUME THESE RISKS.

4. CONFIDENTIALITY OF USER COMMUNICATIONS

Except as required by law, the Maryland-National Capital Park and Planning Commission Employees’ Retirement System will endeavor to maintain the confidentiality of all user communications which contain confidential information and which are transmitted directly to the Site.

5. CHANGES TO TERMS AND CONDITIONS

The Maryland-National Capital Park and Planning Commission Employees’ Retirement System reserves the right to revise these Terms and Conditions at any time and users are deemed to be apprised of and bound by any changes to these Terms and Conditions.

6. AGREEMENT NOT TO MODIFY INFORMATION

You agree not to modify, move, add to, delete, or otherwise tamper with any information contained in the M-NCPPC ERS Member Portal site except as you are specifically authorized to do so, such as with respect to your own benefits under the governing terms of M-NCPPC ERS. 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.

7. TERMINATION OF RIGHTS TO USE MEMBERDIRECT

You agree that the rights granted to you herein terminate immediately upon your violation of any of these terms of use. You also agree that M-NCPPC ERS reserves the right to terminate your access to the M-NCPPC ERS Member Portal at any time and at its sole discretion without notice.

8. VIOLATIONS OF TERMS AND CONDITIONS

The Maryland-National Capital Park and Planning Commission Employees’ Retirement System reserves the right to seek all remedies available at law and in equity for violations of these Terms and Conditions, including the right to block access from a particular Internet address to this Site. The Maryland-National Capital Park and Planning Commission Employees’ Retirement System also reserves the right to block, freeze, or otherwise restrict the access or use of the Site by any user for any reason.

9. ACCESS TO PASSWORD PROTECTED/SECURE AREAS

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

10. JURISDICTION/GOVERNING LAW

Users of this Site agree to submit to the laws of the State of Maryland, USA and applicable federal law without regard to conflicts of laws principles. That in the event of any legal action arising out of the use of this site, the user consents to jurisdiction in Maryland courts and to venue in Prince George’s County County, Maryland.

11. PASSWORD RESPONSIBILITIES; INDEMNIFICATION OF M-NCPPC ERS

You will be solely responsible for and will be the exclusive owner of your user ID and password, which allows access to your account. You accept full responsibility for use and protection of the password used to login to an account, as well as for any transaction occurring in an account opened, held, or accessed through the password, and you agree that M-NCPPC ERS may presume that any request or information entered by a person using the password is authorized by you. You also understand that your retirement information is confidential and that any release of such information by you to the general public may result in the loss of the confidentiality of your retirement information. IF YOU ALLOW THIRD PARTIES TO ACCESS MY ACCOUNTS, YOU WILL DEFEND AND INDEMNIFY M-NCPPC ERS AGAINST ANY LIABILITY, ARISING OUT OF CLAIMS OR SUITS BY SUCH THIRD PARTIES BASED UPON OR RELATING TO SUCH ACCESS AND USE. You agree to notify M-NCPPC ERS immediately of any loss, theft, or unauthorized use of your password and/or user id.

12. DUTY TO NOTIFY M-NCPPC ERS IN WRITING; RELEASE OF LIABILITY

Furthermore, you agree to notify M-NCPPC ERS in writing, of the following: any failure to receive a message from the M-NCPPC ERS Member Portal indicating that a request was received and/or executed by M-NCPPC ERS; or any failure by you to receive an accurate confirmation of an execution; or any receipt of confirmation of a request and/or execution which you did not place; or any inaccurate information about your plan benefits and/or information, transactions or interactions with the M-NCPPC ERS (whether or not through the Site) or transaction history. If you fail to notify M-NCPPC ERS in writing when any of the above conditions occur, M-NCPPC ERS WILL NOT HAVE ANY RESPONSIBILITY OR LIABILITY FOR ANY CLAIMS WITH RESPECT TO THE HANDLING OR LOSS OF ANY ORDER.

If you find a discrepancy in your plan benefits and/or information, you agree to notify M-NCPPC ERS within ten (10) days of the discovery of the discrepancy and M-NCPPC ERS. M-NCPPC ERS will not be responsible for any discrepancies that are not reported.

13. DATA PRESENTED AS OF DATE PUBLISHED

You agree that all content on this website is presented only as of the date published or indicated and may be superseded by other information. You agree that you are responsible for setting your cache settings on your browser to ensure you are receiving the most recent data.

14. 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 M-NCPPC ERS may provide this information to you at your postal address, electronic mail address, online posting on the Site, via facsimile transmission, wireless services, text messaging, CD-ROM, or such other electronic method as M-NCPPC ERS notifies you of in the future, including via notification delivered through the inclusion of updates to these Terms and Conditions on the Site. All communications so sent, whether by mail, electronic means, or otherwise, shall be deemed given to you personally when so sent, whether or not actually received. In addition, you acknowledge and agree that:

1. M-NCPPC ERS documents that may be delivered to you electronically include, but are not limited to, an annual statement, seminar information, benefit estimates, correspondence about my M-NCPPC ERS account and/or benefits, and any other information delivered or provided to you by M-NCPPC ERS.
2. The documents and other information delivered electronically may be formatted in Adobe Acrobat's portable document format ("PDF"), hypertext mark-up language ("HTML"), or other file formats that M-NCPPC ERS deems appropriate. In order to view or print documents provided in PDF, you may have to obtain the Adobe Acrobat Reader, which is available free of charge at Adobe’s website.
3. You are responsible for having access to any necessary hardware, software, or other technology to access the electronic deliveries made by M-NCPPC ERS, and understand that M-NCPPC ERS 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.

15. 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 or any similar law.

16. BENEFIT AND PURCHASE ESTIMATES; RELEASE OF LIABILTIY

You may obtain estimates of benefits and purchase calculations on the Site.  The information contained in an estimate is not to be construed in anyway as a promise or contract with M-NCPPC ERS 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 a conversion of sick leave, or provide any expressed or implied right or benefit. It also may not include amounts you are 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, service purchase costs, and sick leave conversion costs will be made by M-NCPPC ERS based upon the law, plan document and/or M-NCPPC ERS policies in effect at the time of the determination and is subject to audit and recalculation if necessary. WHILE EVERY ATTEMPT HAS BEEN MADE TO ENSURE THE ACCURACY OF THE CALCULATIONS, M-NCPPC ERS DOES NOT GUARANTEE THE RESULTS PROVIDED AND IS NOT RESPONSIBLE FOR ANY CONSEQUENCE TO PERSON OR ENTITY RELYING ON THIS INFORMATION.

The information in an estimate is not intended to be legal, investment, or tax advice. The Internal Revenue Code and Regulations set limits on the amount of money a member can receive from M-NCPPC ERS. State laws also may govern the receipt of benefits, restrict the receipt of benefits due to divorce, or require a member’s spouse to consent to a member’s choice of benefits or beneficiaries. You should consult with an attorney and tax professional prior to making any final decisions with respect to their M-NCPPC ERS benefits.

17. YOUR RESPONSIBILITIES

You are responsible for the confidentiality and use of your password. For your safety, never disclose your password to anyone. If you have any evidence or suspect any unauthorized use of your password or account, or any other security violation, you must immediately notify M-NCPPC ERS.

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 M-NCPPC ERS 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 M-NCPPC ERS 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 are solely responsible for timely and properly applying for benefits and submitting the appropriate paperwork and documentation. You are encouraged not to wait when applying for benefits or submitting paperwork and documentation. The untimely filing and submission of paperwork and documentation may result in a delay of receipt of benefits. You are also responsible for keeping your contact information and beneficiary designations current with M-NCPPC ERS.

18. LEGAL CAPACITY

You affirm that you are either at least 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, 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.

19. COLLECTION AND USE OF INFORMATION

M-NCPPC ERS collects personal information from a member at several different points on Site in order to enable access to its member database. M-NCPPC ERS is the sole owner of any personal information collected and does not sell, share, rent or otherwise distribute any of this information.

20. 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 M-NCPPC ERS YOU ASSUME THE RISK FOR DAMAGES WHICH MAY RESULT.

21. 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. M-NCPPC ERS 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.

22. LOG FILES

M-NCPPC ERS 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.

23. SEVERABILITY

In the event any provision of these Terms and Conditions shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provisions hereof.