This Agreement explains the terms and conditions governing your access and use of the OPERS EMPLOYER CONTRIBUTION SYSTEM (ECS) WEB SITE (the "Site"). This Agreement is between you, the end user, and the Ohio Public Employees Retirement System ("OPERS").

As an authorized user of this Site, you will be required to enter a username and password each time you want to access and use the Site. You must agree to all of the terms and conditions contained in this Agreement to access and use this Site. If you do not agree to the terms and conditions of this Agreement, you will not be permitted to access and use this Site.

OPERS grants to you the non-exclusive, non-transferable limited right to access and use this Site and the information available from this Site for the purpose of administering your employer's contributions and forwarding certain contribution information to OPERS.

You acknowledge and agree that U.S. copyright law protects the Site content and that portions of the Site content may be subject to other proprietary rights and laws. In addition to the Site content, the Site software and documentation are proprietary information of OPERS or third-parties from which OPERS has licensed rights (the "Proprietary Information.") You agree not to publicly display, publish, transmit, modify, distribute, reproduce, adapt, edit, translate, reverse engineer, decompile, disassemble, or create derivative works from the Proprietary Information. You agree to notify OPERS if you become aware of any violation of the terms and conditions of this Agreement.

Use of the Site or Proprietary Information for any purpose not expressly permitted in this Agreement is prohibited. The granting of a limited license to access and use the Site and its content does not transfer any right or interest in the Proprietary Information to you.

You are responsible for maintaining the confidentiality of your username and password and content appearing at or derived from this Site. You are responsible for any and all activities that occur under your username account. You agree to notify your employer's delegated administrator and OPERS immediately of any unauthorized use of your username and password or any other breach of security. Sharing your username or password with others is a violation of this Agreement and may result in OPERS' termination of this Agreement with you. You may not upload any information or data to the Site that is intended to interfere with operation of or damage the Site or OPERS' computers. If you upload damaging data or information, you may be subject to civil and criminal liability and penalties.

You may report errors related to the Site via ECS Message Center or OPERS Employer Call Center at 1-888-400-0965. OPERS shall undertake reasonable efforts to correct any errors reported by you.

OPERS OFFERS NO WARRANTIES AS TO THE OPERATION OR FUNCTIONALITY OF THE SITE. THE SITE IS PROVIDED "AS IS" AND "AS AVAILABLE" AS A CONVENIENCE TO YOU AND YOUR EMPLOYER WITHOUT ANY OTHER WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. OPERS DOES NOT WARRANT THAT THE CONTENT AT THE SITE IS ACCURATE, RELIABLE, OR CORRECT, THAT THE SITE WILL OPERATE ERROR-FREE OR BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, OR THAT THE SITE WILL OPERATE PROPERLY WITH ALL HARDWARE AND SOFTWARE CONFIGURATIONS. OPERS SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF DATA TRANSMISSIONS.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL OPERS BE LIABLE FOR ANY DAMAGES INCLUDING INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COMMERCIAL, EXEMPLARY, OR PUNITIVE DAMAGES, LOSS OF GOODWILL, BUSINESS PROFITS, OR COMPUTER DATA, WORK STOPPAGE, AND COMPUTER FAILURE OR MALFUNCTION. THIS LIMITATION APPLIES TO ALL ACTIONS WHETHER BASED ON ACTIONS IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF THE EMPLOYER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

You may access and use this Site on behalf of your employer as long as you comply with the terms and conditions of this Agreement. If you violate any of the terms or conditions of this Agreement, OPERS, without notice or consent, may terminate this Agreement, revoke your password, and deny you access to this Site. Upon termination of this Agreement, you shall immediately cease use of the Site.

These terms and conditions constitute the entire agreement between you and OPERS with respect to your access and use of this Site. This Agreement supercedes all prior or contemporaneous communications and proposals.

If any provision of this Agreement is found to be contrary to law by a court of competent jurisdiction, such provision shall be of no force or effect; but the remainder of this Agreement shall continue in full force and effect.

This Agreement shall be governed and construed in accordance with the laws of the State of Ohio.

OPERS reserves the right to update or revise the terms and conditions of this Agreement at any time. You are responsible for regularly reviewing these terms and conditions. Your continued use of the Site constitutes your Agreement to all such terms, conditions, and notices.