City Portal • Terms and Conditions
In order to qualify as an authorized user of the TMRS City Portal (“City Portal User”) for my employer (the “City”) and gain access to the TMRS City Portal, I hereby agree to the following terms and conditions:
I agree that I am responsible for maintaining the confidentiality of my City Portal password and of any Confidential Information (defined below). I shall not allow any other person to use my City Portal password. I have signed an Acknowledgement Agreement, acknowledging the terms and conditions of my access to the City Portal as set forth in the City’s City Portal Use Agreement with TMRS. I understand that if I violate any of the terms of this agreement or the City Portal Use Agreement, my access to the TMRS City Portal will be revoked.
TMRS reserves the right to deny access to the City Portal for any City Portal User for any reason, and may require any City Portal User to change a password for any reason.
I will not attempt any unauthorized use of the City Portal or any of the TMRS systems, or misuse any information posted on the City Portal. I will not use the City Portal or any Confidential Information: (i) for any purpose other than as reasonably necessary for my performance of official duties as an employee of the City, (ii) for any illegal activity, or (iii) to engage in conduct that is defamatory, libelous, threatening or harassing or that infringes on a third party’s intellectual property or other proprietary rights.
I agree that all Confidential Information (a) shall be maintained in accordance with Section 855.115 of the Texas Government Code, as amended from time to time (a current copy of which may be found here), and in strict confidence except as required by an order of a court of competent jurisdiction or other legal process; (b) shall not be disclosed to any other person or entity other than the authorized employees or agents of the City who have a need to know the information in connection with the performance of their official duties for the City; and (c) shall not be used for any purpose other than for the purpose of, and only to the extent it is reasonably necessary to, the performance of my official duties for the City. I shall not publish any report, press release, data or other information regarding or derived from such Confidential Information to the extent the report, press release, data or other information includes individual participant or retiree data in a form identifiable with a specific individual and whose release would be prohibited by Section 855.115 of the Texas Government Code, unless otherwise required by applicable law.
“Confidential Information” shall mean all TMRS data which is subject to Section 855.115 of the Texas Government Code, including, but not limited to, any information concerning an individual member, retiree, annuitant, or beneficiary, whether in electronic or written form, provided by TMRS to the City, the City Portal Administrator or any City Portal User during the term of this agreement or the City Portal Use Agreement. Confidential Information will not include any information which (i) is or becomes publicly available other than as a result of a disclosure by the City, the City Portal Administrator, a City Portal User, or any City employee, officer, representative, contractor or agent (collectively, “Representatives”), (ii) is already in my possession prior to its disclosure through the use of the City Portal, as demonstrated by written or documented evidence, and not otherwise subject to the confidentiality provisions of Section 855.115 of the Texas Government Code, (iii) is or becomes available to me on a non-confidential basis from a source other than TMRS, provided that such source is not subject to any legal, contractual, or fiduciary obligation to keep such information confidential, or (iv) is independently developed by me on the City’s behalf , as demonstrated by written or documented evidence, without violating any of the obligations in this agreement or the City Portal Use Agreement.
I understand that the information and materials contained in the City Portal, and the terms, conditions, and descriptions that appear, are subject to change at any time. Retirement estimates provided through the City Portal are subject to the limitations stated on the City Portal website and the terms and conditions listed thereon. I am not an agent of TMRS and shall not represent that I have authority to represent or certify information on behalf of TMRS.
Intellectual Property Use
TMRS, MyTMRS and the TMRS “Star Design” logo are trademarks and service marks of TMRS and are used and registered in the United States. Use of these trademarks and service marks without permission is prohibited, and I agree that I will not use any of these trademarks and service marks without the prior written consent of TMRS to the specific intended use.
This agreement is to be governed by, construed and interpreted in accordance with the laws of the State of Texas without regard to its conflicts of laws principles. I agree that venue shall be in the District Court of Travis County, Texas. I hereby irrevocably submit to the jurisdiction of the courts of Travis County, Texas in any action, suit, or proceeding related to or in connection with this agreement. If any provision of this agreement is held invalid or unenforceable by any court of competent jurisdiction, the other provisions of this Agreement will remain in full force and effect. Any provision of this Agreement held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable. This Agreement may be amended by TMRS from time to time and I agree to re-acknowledge and agree to the amended terms and conditions, as necessary for access to the City Portal. I may not assign any rights or delegate any of my duties under this Agreement to any other person or entity without the prior written consent of TMRS. A transfer by operation of law, including by merger or consolidation, is an assignment subject to the provisions of this Section.