This ETF Online Services Terms and Conditions of Use Agreement ("Agreement") constitutes a binding legal agreement between you and the Wisconsin Department of Employee Trust Funds ("Department" or "ETF") governing your use of ETF online service.
YOUR USE OF ETF ONLINE SERVICES IS SUBJECT TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY ACCESSING OR USING ETF ONLINE SERVICES, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MUST EXIT THIS SITE.
PLEASE READ CAREFULLY THROUGH ALL SECTIONS OF THESE TERMS AND CONDITIONS. YOUR ACCESS TO, AND USE OF, ETF ONLINE SERVICES IS SUBJECT TO THE TERMS AND CONDITIONS OF THIS AGREEMENT AND ALL APPLICABLE LAWS. ETF RESERVES THE RIGHT TO TERMINATE YOUR ACCESS TO ETF ONLINE SERVICES IF YOU VIOLATE THESE TERMS AND CONDITIONS. BY ENTERING OR OTHERWISE ACCESSING ETF ONLINE SERVICES, YOU AGREE TO THESE TERMS AND CONDITIONS WHETHER OR NOT YOU COMPLETE A TRANSACTION WITH ETF. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, DO NOT ACCESS OR OTHERWISE USE ETF ONLINE SERVICES OR ANY INFORMATION CONTAINED WITHIN ETF ONLINE SERVICES.
Revisions to this Agreement
ETF may change, update, add, or remove provisions of this Agreement at any time by posting the updated Agreement on the site. ETF will make commercially reasonable efforts to notify you of any material changes to this Agreement; however, ETF is not obligated to do so. In the absence of any specific date being provided, the changes are effective immediately. A current version of this Agreement showing the effective date is always available on the Benefits Terms and Conditions page. You are responsible for regularly reviewing it. Your continued use of the site will confirm your continued agreement to this Agreement as it may be revised.
Scope of ETF Online Services Use
You understand that your use of ETF online services is restricted to administration of ETF-administered benefit programs. It is not intended to provide information to members or to assist members in making benefit decisions.
By using ETF Online Services, you assert that you are authorized as your employer’s agent to access and use ETF Online Services under Wis. Stat. s. 40.03(2)(j).
Confidentiality
You agree to maintain as confidential and not disclose any ETF online services username or password to any person. ETF may change your password at any time, provided that ETF shall provide you with written notice of such change prior to, or as soon as reasonably practicable after, such change. You agree to notify ETF promptly of any unauthorized use of your username and password. You will remain liable for any use of ETF online services unless and until you notify ETF of the unauthorized use of your username and password. ETF may suspend your access to ETF online services without notice to you in the event that you do not use ETF online services for an extended period.
Security Measures
You understand that security measures are required to provide inquiry and update abilities in ETF online services. You will not share your username and password with any other person.
Through your access to ETF online services, you may gain access to confidential information including: (i) Protected Health Information under HIPAA, 45 CFR 160.103; (ii) Personally Identifiable Information under Wis. Stat. s. 19.62(5); (iii) Individual Personal Information under Wis. Adm. Code s. ETF 10.70(1); (iv) proprietary information; (v) non-public information related to the State of Wisconsin’s employees, customers, technology (including databases, data processing and communications networking systems), schematics, specifications, and all information or materials derived therefrom or based thereon; and (vi) information that is restricted or prohibited from disclosure by state or federal law, including Individual Personal Information and Medical Records as governed by Wis. Stat. s. 40.07 and Wis. Adm. Code ss. ETF 10.70(1) and 10.01(3m).
You will maintain the confidentiality of all information that you obtain through access to ETF online services.
No Unlawful or Prohibited Use
As a condition of access to ETF online services, you guarantee that you will not use ETF online services for any purpose that is unlawful or prohibited by this Agreement. You may not use ETF online services in any manner that could damage, disable, overburden, or impair ETF’s systems or interfere with any other party's use or enjoyment of ETF online services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through ETF online services.
You may not access other employers’ information or content available in ETF online services. You agree not to view, download, or otherwise access information or content related to other employers.
No Use in External Applications
You agree to not enter or upload information or content from ETF online services into external applications, bots, software or websites, including those using artificial intelligence technologies (AI) such as large language models and generative AI.
Accuracy of Information
ETF and its governing boards require employers to submit accurate and timely contributions, premiums, and information for the proper administration of and to carry out the purpose and intent of ETF’s benefit programs, including under the authority in Wis. Stat. ss. 40.03(1)(k), (2)(h), and (6)(d).
You certify that the information that you provide through ETF online services is complete and accurate to the best of your knowledge. Additionally, you certify that you will make your best effort to certify the authenticity and accuracy of documents that you provide through ETF online services. You understand that Wis. Stat. s. 943.70 provides criminal penalties for offenses against computer data and programs.
Disclosure Limitation
You understand that information in these accounts is not a public record and disclosure to any person or organization is prohibited.
In the event of an unauthorized disclosure by you or your employer, you agree to inform ETF of unauthorized disclosures within 48 hours and comply with all applicable laws, including providing notice of any unauthorized acquisition of personal information under Wis. Stat. s. 134.98. You also agree to coordinate with ETF to determine whether it is appropriate for the employer or ETF to provide notice under Wis. Stat. s. 134.98 and the content of the notice.
Website Security and Monitoring
ETF has a responsibility to protect its computing resources. If ETF believes an attempt is being made to break into or otherwise abuse ETF computer systems or business information, ETF will use the information in computer logs and other monitoring tools, to determine those responsible. Unauthorized attempts to upload information, change information, or cause damage to ETF online services are prohibited and may be prosecuted and punished under current state and federal laws. ETF may share the information it gathers with law enforcement agencies or other authorized entities.
Breach
You hereby acknowledge that your breach of this Agreement may result in immediate and irreparable harm to ETF, for which there will be no adequate remedy at law, and that ETF shall be entitled to equitable relief to compel you to cease and desist all unauthorized use, evaluation or disclosure of information obtained through the site. Your breach of this Agreement may also entitle ETF to bring an action against you for any and all other remedies available at law or in equity.
Limitation of Liability
ETF shall not be held liable for any improper or unlawful use of the information or services provided by ETF and assumes no responsibility for use of the information or services provided. ETF shall not be held liable for any direct or indirect damages caused in any way through the use of information or services on ETF websites. This disclaimer of liability applies to any damages or injury that may be perceived by the user to be caused by the information or services on ETF’s websites, or by using ETF websites. ETF shall not be held liable for any illegal or malicious use of its systems by a third party that may harm your systems, data, or other information, such as disseminating computer viruses, malware, or other attempts to undermine ETF security measures that result in damages or injury to the user.
Indemnification
You agree to indemnify, defend, and hold harmless ETF and its officers, directors, employees, affiliates, agents, licensors, and suppliers from and against any and all claims, actions, loss, damage, expenses, costs (including reasonable fees for the Department’s staff attorneys and attorneys from the Wisconsin Attorney General’s Office), court costs, and related reasonable legal expenses whether incurred in defending against such claims or enforcing this Agreement, or liability arising from or in connection with the following: (a) the use of or reliance on any information, material, or content you provided, regardless of whether or not such information, material, or content contained any errors or omissions and whether or not ETF was aware or should have been aware of any such errors or omissions; (b) your violation or breach of this Agreement; (c) your negligent acts or omissions or willful misconduct; and (d) any allegation that your use of or access to ETF online services infringes upon the patent, trademark, copyright, trade name, trade secret, or other proprietary rights of any third party. Your duty to indemnify, defend, and hold ETF harmless under this Agreement shall survive the termination, cancellation, or expiration of the Agreement.
You shall be entitled to control the defense of any such claim and to defend or settle any such claim, in your sole discretion, with counsel of your choosing; however, you shall consult with ETF regarding your defense of any claim and not settle or compromise any claim or action in a manner that imposes restrictions or obligations on ETF, requires any financial payment by ETF, or grants rights or concessions to a third party without first obtaining ETF’s prior written consent. You shall have the right to assert any and all defenses on behalf of the indemnified parties, including sovereign immunity.
Termination and Access Restriction
ETF reserves the right, in its sole discretion, to terminate your access to ETF online services, related services, or any portion thereof at any time, without notice.
Severability
If any term or provision in this Agreement is found to be void, against public policy, or unenforceable by a court of competent jurisdiction and such finding or order becomes final with all appeals exhausted, then the offending provision shall be deemed modified to the extent necessary to make it valid and enforceable. If the offending provision cannot be so modified, then the same shall be deemed stricken from this Agreement in its entirety and the remainder of this Agreement shall survive with the said offending provision eliminated.
Assignment
You may not assign, delegate, or transfer this Agreement or your rights or obligations hereunder, in any way (by operation of law or otherwise) without ETF’s prior written consent. ETF may freely assign its obligations and rights under this Agreement.
No Waiver
No failure, omission, or delay on the part of ETF in exercising any right under this Agreement will preclude any other further exercise of that right or other right under this Agreement.
Headings
Provision and section headings are for convenience of reference only and shall not affect the interpretation of this Agreement.
Typographical Errors
Information on ETF online services may contain technical inaccuracies or typographical errors. ETF attempts to make ETF online services’ postings as accurate as possible, but we do not warrant that the content of ETF online services is accurate, complete, reliable, current, or error-free.
Governing Law and Venue
The laws of the State of Wisconsin and applicable Wisconsin and United States statutes and regulations govern this Agreement, without regard to any conflicts of laws or choice of law principles. Any court proceeding arising or related to this Agreement or a party’s obligations under the Agreement shall be exclusively brought and exclusively maintained in the State of Wisconsin, Dane County Circuit Court, or in the District Court of the United States Western District (if jurisdiction is proper in federal court), or upon appeal to the appellate courts of corresponding jurisdiction, and you hereby consent to the exclusive jurisdiction and exclusive venue therein and waives any right to object to such jurisdiction or venue. To the extent that in any jurisdiction you may now or hereafter be entitled to claim for itself or its assets immunity from suit, execution, attachment (before or after judgment) or other legal process, you, to the extent it may effectively do so, irrevocably agree not to claim, and hereby waive, the same.