Oklahoma Supports Partners Terms of Service Agreement

PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE PARTNERING ENTITY TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING. THIS TERM OF SERVICE AGREEMENT IS EFFECTIVE AS OF (DATE ACCEPTED).

ACCEPTANCE OF TERMS

The following Terms of Service Agreement ("TOS") is a legally binding agreement that shall govern the relationship with Oklahoma Supports (OKS) partners and others who may interact or interface with OklahomaSupports.org, and its Services, which shall be defined below.

DESCRIPTION OF WEBSITE SERVICES OFFERED

OKS is a program of the Oklahoma Health and Human Services agencies. This site is designated for connecting local, state and community-based partners with individuals to access options for services and supports.

All visitors to the site, despite whether they are registered, shall be deemed a user of the herein contained Services provided for in this TOS. Once an entity/organization registers for OKS Services, through the process of creating a partnering account, agreeing to TOS, and being approved by OKS the user shall then be considered a "partner" and may be referred to herein as “partnering entity”.

The partnering entity acknowledges and agrees that the resources and the information provided and made available through the website are the sole property of OKS. At its discretion, OKS may offer additional website services, update, modify or revise any content and services, and this agreement shall apply to all additional services as well as all updated, modified or revised services unless otherwise stipulated. OKS hereby reserves the right to cancel and cease offering any of the services. You, as the partnering entity, acknowledge, accept and agree that OKS shall not be held liable for any such updates, modifications, revisions, suspensions or discontinuance of any of the services. Your continued use of the services provided, after such posting of any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes and/or modifications, and as such, frequent review of this agreement and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated, revised or modified terms, you must stop using the provided services.

Furthermore, the partnering entity acknowledges and agrees that the services offered shall be provided "AS IS" and as such OKS shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to store partner content, communication or personalization settings.

QUALIFICATIONS

As a partner, you agree that you meet the following stipulations required to be considered as a partner to OKS.

  1. As a partnering entity, you agree your organization benefits individuals and/or caregivers of Oklahomans who are aging and/or living with a disability;
  2. The partnering entity agrees your organization may have the capacity to serve a suitable population relative to their location(s); EG:
    1. Pass: Org A is located within a community with a population of 2,000 and only serves four individuals;
    2. Pass: Org B is located within a community with a population of 20,000 and serves 80 individuals.
    3. Fail: Org C is located within a community with a population of 20,000 and only serves two individuals.
    4. Based on data on census.gov- 35%-40% of individuals who are aging and/or reported having one or more disabilities;
  3. As a partner, you agree your organization may be publicly accessible (IE “functions in a manner observable by or in a place accessible to the public”);
  4. As a partner, you agree to have updated and accurate contact information;
  5. As a partner, you agree to TOS;
  6. As a partner, you would be willing to share data involving OKS and its users;
  7. As a partner, you acknowledge your organization is free of financial fraud or bankruptcy.

PRIVACY POLICY

Every partner's registration data and various other personal information are strictly protected by the OKS Online Privacy Policy (see the full Privacy Policy at www.oklahomasupports.org. As a partner, you herein consent to the collection and use of the information provided.

PARTNER ACCOUNT, PARTNER NAME, PASSWORD AND SECURITY

When you set up an account, you are the sole authorized partner of your account. You shall be responsible for maintaining the confidentiality of your password and for all activities that transpire on or within your account. It is your responsibility for any act or omission of any partner(s) that access your account information that, if undertaken by you, would be deemed a violation of the TOS. It shall be your responsibility to notify OKS immediately if you notice any unauthorized access or use of your account or password or any other breach of security. OKS shall not be held liable for any loss and/or damage arising from any failure to comply with this term and/or condition of the TOS.

CONDUCT

As a partner of OKS, you herein acknowledge, understand, and agree that all information, text, software, data, links, or any other content, whether it is publicly or privately posted and/or transmitted, is the express sole responsibility of the individual from whom the content originated. In short, this means that you are solely responsible for all content posted, uploaded by way of the OKS Services, and as such, OKS cannot guarantee the accuracy, integrity or quality of such content. It is expressly understood that by use of OKS services, you may be exposed to content including, but not limited to, any errors or omissions in any content posted, and/or any loss or damage of any kind incurred because of the use of any content posted, transmitted or otherwise made available by OKS.

OKS herein reserves the right to pre-screen, decline and/or delete any content currently available through its services. In addition, OKS reserves the right to remove and/or delete any content that would violate the TOS or which would otherwise be considered offensive to other users, members, and/or partners.

OKS herein reserves the right to access, preserve and/or disclose partner account information and/or content if it is requested to do so by law or in good faith belief that any such action is deemed reasonably necessary for:

  1. compliance with any legal process;
  2. enforcement of the TOS;
  3. responding to any claim that therein contained content is in violation of the rights of any third party;
  4. responding to requests for customer service; or
  5. protecting the rights, property or the personal safety of OKS, its visitors, partners, and the public.

CONTENT PLACED OR MADE AVAILABLE FOR SERVICES

OKS acknowledges it does not own any content submitted by any user, member, or partner, nor make such content available for inclusion on its website Services. Therefore, you hereby grant and allow OKS the listed worldwide, royalty-free, and non-exclusive licenses.

WEBSITE CONTRIBUTIONS

OKS provides an area for users and partners to contribute feedback. When you submit ideas, documents, suggestions and/or proposals ("Contributions") to the site, you acknowledge and agree that:

  1. your contributions do not contain any type of confidential or proprietary information;
  2. OKS shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or implied, related to any contributions;
  3. OKS shall be entitled to make use of and/or disclose any such Contributions in any such manner as they see fit;
  4. the contributor's Contributions shall automatically become the sole property of OKS and;
  5. OKS is under no obligation to either compensate or provide any form of reimbursement in any manner or nature.

TERMINATION AND LIMITATION OF LIABILITY

As a partner of OklahomaSupports.org, you may cancel or terminate your account, associated email address and/or access to OKS Services by submitting a cancellation or termination request to partners@oklahomasupports.org.

As a partner, you agree that OKS may, without any prior written notice, immediately suspend, terminate, discontinue and/or limit your account, any email associated with your account, and access to any of our services.

Furthermore, you herein agree all terminations, suspensions, discontinuances, and or limitations of access for cause shall be made at the sole discretion of OKS and that OKS shall not be liable to you or any other third party with regards to the termination of your account, associated email address and/or access to any OKS services.

Without waiving any defense of sovereign immunity and pursuant to the terms of the Oklahoma Tort Claims Act, each of the parties hereto agree it will be solely responsible for the acts and omissions of its employees, agents and assigns.

Oklahoma Department of Human Services, Oklahoma Health Care Authority, Oklahoma Department of Rehabilitation Services, Oklahoma State Regents for Higher Education, Oklahoma State Department of Education, Oklahoma State Department of Health, and Oklahoma Department of Mental Health and Substance Abuse Services work in collaboration to oversee OKS as a platform for Oklahomans to find necessary resources. These agencies at no time will be held responsible for any liability or damages that may occur to a partnering entity who freely chooses to utilize OKS website for further promotion of their services.