State Fund Online User Agreement

BY USING STATE FUND ONLINE (“SFO”), YOU AGREE TO THE FOLLOWING TERMS OF USE:

RIGHT TO ACCESS AND USE: Subject to the terms and conditions of this User Agreement and the Agreement, the Servicing Broker is granted a non-exclusive, non-transferable, revocable right to access and use SFO during the term of the Agreement, for the limited purpose of conducting business as specified in the Agreement.

ADMINISTRATIVE ACCESS: The Broker shall designate and notify State Fund immediately of the designation of a System Administrator(s) (“Administrator”). The Administrator and/or the signing Principal of this Agreement (referred to as “Principal” herein) is/are responsible for the designation of any and all Broker’s users and the level of access provided to each user. The Principal and/or Administrator shall be responsible for overseeing access to and use of State Fund Online for the Brokerage. The Principal and/or Administrator shall be responsible for maintaining and providing to State Fund a current State Fund Online Broker User Administration form, as well as for communicating with State Fund and authorized users regarding requirements associated with the use and operations of SFO. Notice of any changes or terminations to the Administrator or authorized users must be sent to State Fund no later than 48 hours after such change. Access codes are designated to individual users and Administrators, and Broker shall not reuse or allow access to State Fund Online using access codes given to previous users or Administrators. It is the Broker’s responsibility to access any and all documents uploaded onto the SFO platform. Broker’s use of SFO does not give binding authority to Broker, nor does it make Broker an agent of State Fund. It is the Broker’s responsibility to ensure all authorized users are familiar with and abide by the State Fund Online User Agreement’s terms of use.

PROHIBITED ACTIVITIES: The Broker agrees not to: (a) share login ID(s) and password(s) with anyone else or authorize, permit, or sanction any user authorized by the Broker to access State Fund Online to share a their unique login ID/password with anyone else; (b) transmit any information via State Fund Online that is not related to the Policyholder for which the information is transmitted; (c) transmit any information via State Fund Online that is unlawful, abusive, defamatory, scandalous, hateful, racially, ethnically, or otherwise objectionable, nor post any content that infringes on any copyright or other proprietary rights of any person or company; (d) transmit any viruses, malware, or any other malicious file that can harm or disrupt the integrity of State Fund Online; (e) develop, transmit, or use any automated electronic means to obtain by way of downloading or displaying any of the data available on SFO (technology commonly referred to as a “bot”).

CONFIDENTIALITY: In addition to all the obligations concerning Confidential Information in the Agreement, Broker acknowledges that information contained on this site and on SFO may contain State Fund Confidential Information, including personal or medical information, for which an injured worker may have a reasonable expectation of privacy as guaranteed by Article 1, Section 1 of the California Constitution. Improper use of Confidential Information and/or the public dissemination of personal or medical information may subject the Broker to liability under Law. If the Broker has any questions concerning rights of privacy and potential liability for the improper use of State Fund Confidential Information, including personal or medical information, the Broker should consult with an attorney.

LIMITATION OF LIABILITY: State Fund neither expressly nor implicitly bears any liability for any loss, indirect, consequential or inconsequential, exemplary, punitive, special, or incidental damages including without limitation, any damages for loss of use, opportunity, market potential, goodwill, revenue, or profits arising under any theory of liability, including but not limited to contract or tort, and even if such party knew or should have known of the possibility of such damages resulting from or relating in any way to the use of, or actions taken by a Broker as a result of information contained on SFO, including but not limited to those arising from any SFO malfunctions or interruptions, problems with internet service providers, third party actions, or other electronic communication systems problems, difficulties, or failures. State Fund is not liable for any third party claims against Broker related to the use of the SFO services. The Broker’s sole remedy for claimed breach of this User Agreement by State Fund is to cease using State Fund Online.

INDEMNIFICATION: The Broker agrees to indemnify, defend, and hold State Fund and its officers, directors, employees, agents, successors, and assigns harmless from any and all demands, losses, claims, costs, expenses, deficiencies, obligations, damages, and liabilities arising out of: a) any breach of this User Agreement; b) the release of Confidential Information, as defined in the Agreement or other misuse of information obtained from the SFO; or c) any misuse of the SFO. This agreement to indemnify, defend, and hold harmless applies to any administrative, civil, or criminal action that arises out of any alleged violation of Law, or other causes of action in connection with the acts or omissions of the Broker or anyone given authority to access SFO by the Broker. These indemnification obligations are in addition to those set out in the Agreement.

TERMINATION: The Broker understands and agrees that: (a) State Fund may terminate access to State Fund Online of any individual user or the access of the entire Brokerage, as well as terminate this User Agreement, if the Broker or any authorized user engages in any of the prohibited activities or engages in any other activity that jeopardizes the security, confidentiality, and/or integrity of SFO or the data accessed thereby; (b) this User Agreement terminates upon the termination of the Agreement; and (c) State Fund reserves the right to terminate this User Agreement at any time, with or without cause. State Fund may modify, discontinue or replace SFO and/or this User Agreement at any time, effective immediately without notice. State Fund's limitation of liability, Broker’s confidentiality obligations, and Broker’s indemnification obligations will survive the termination of this User Agreement. State Fund reserves the right in its sole discretion to restrict or suspend Broker’s use or access to SFO at any time.

WARRANTY DISCLAIMER: STATE FUND ONLINE ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, EVEN IF INCLUDED IN OR INFERRED FROM ANY OTHER PROVISION OF THIS USER AGREEMENT, AGREEMENT, OR FROM ANY COMMUNICATION WITH STATE FUND. STATE FUND SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND STATE FUND DOES NOT WARRANT THAT THE ONLINE SERVICES WILL BE ERROR-FREE, OPERATE WITHOUT INTERRUPTIONS OR DOWNTIME, OR THAT ANY DEFECTS WILL BE CORRECTED.