The Ohio Department of Health (ODH) and its agents, contractors, sub-contractors, and third party service providers (collectively, “The Ohio Department of Health”) provide the Ohio Public Health Communication System, a world wide web site (hereinafter referred to as the “OPHCS”) as a secured environment for state public health, local health districts, hospitals and their partners to collaborate, share information, and prepare and respond to public health events.
OPHCS and any materials for download-only are available on the terms and conditions described below, which are intended to be legally binding on (1) those who have been given access, and (2) those who seek to access the data collected herein in the event of an emergency (hereinafter collectively referred to as you).
By using OPHCS you agree to these terms and conditions (“Terms of Service”) and the OPHCS Privacy Policy. You agree to accept notices electronically. Each time you use the OPHCS, you reaffirm your acceptance of the then-current Terms of Service. If you do not wish to be bound by these Terms of Service, you may discontinue OPHCS and send an email to ophcs.support@odh.ohio.gov requesting your access be removed. You cannot use or access data on OPHCS until you have accepted these Terms of Service. If you do not agree to these terms and conditions, do not use OPHCS. You may not use OPHCS for any illegal or unauthorized purpose.
The Ohio Department of Health reserves the right to modify or terminate access to OPHCS for any reason, and without notice, without liability to you, or any third party. We also reserve the right to modify these Terms of Use from time to time without notice. You are responsible for regularly reviewing these Terms of Use so that you will be apprised of any changes.
Please read all of the material below, and note that a disclaimer of the implied warranties of merchantability, fitness for a particular purpose, and limitation of liability is set forth in the capitalized text below.
OPHCS functions as a non-commercial venue to assist public health professionals in preparing for and responding to public health events impacting the State of Ohio.
OPHCS presently limits registration to members of programs and organizations authorized by the Ohio Department of Health. OPHCS confirms the identity of users through the use of email accounts and information provided at the time of registration. OPHCS confirms the qualification, background information, or abilities of members primarily through validation by third party information providers or participating program administrators. Submitted information is the responsibility of individual members and their sponsoring organizations or programs. The Ohio Department of Health does not accept any responsibility for the information submitted by individuals or their sponsoring organizations.
For purposes of these Terms of Service, the term Products shall mean OPHCS (whether preinstalled, on a medium or offered by download), OPHCS services, OPHCS and all other software, features, tools, documents, web sites, and services provided by or through OPHCS.
You agree and understand that certain OPHCS products, features and services offered by or through OPHCS (including services from the Ohio Department of Health) may be subject to additional terms and conditions.
You agree to abide by these additional terms and you further agree that a violation of those terms while you are accessing the data and or services through OPHCS shall constitute a breach of these Terms of Service.
The Ohio Department of Health, through OPHCS, may change the Terms of Service at any time and in its sole discretion. The modified Terms of Service will be effective immediately upon posting and you agree to the new posted Terms of Service by continuing your use of OPHCS. If you do not agree with the modified Terms of Service, your only remedy is to discontinue using OPHCS and cancel your account by contacting ophcs.support@odh.ohio.gov with such a request.
OPHCS is open to public health professionals working for and/or with Local Health Districts, hospitals, and the Ohio Department of Health employees, and others with approval by the Ohio Department of Health. By using OPHCS, you represent and warrant that you are eligible and represent one of these participating organizations.
You represent and warrant that you have adequate legal capacity to enter into binding agreements on these Terms of Service. Some parts of OPHCS require the user to provide information to OPHCS, such as name, e-mail address, contact information, and any other information (hereinafter, all the foregoing will collectively be referred to as Registration Information) as may be deemed necessary by the Ohio Department of Health.
If you log into OPHCS, you agree to provide accurate and complete Registration Information and you agree to keep such information current by verifying (resaving) your profile at least every 60 days.
As part of the registration process, you will be provided a username and password. You will be responsible for all activities occurring under your username and for keeping your password secure.
By successfully accepting the terms of service and completing the Registration Information, you will be a registered on OPHCS and have an information profile (“Profile”) which you can access online with your username and password. Your username and password are required to access OPHCS.
You agree that you are solely responsible for the content of all information provided by you. You agree to provide accurate, non-misleading, and complete information in all areas of OPHCS and to maintain and update such information in order to maintain its honesty, accuracy, and completeness. At any time, you may update information regarding your Profile. Whenever you post any information on or to OPHCS, You agree to provide accurate and complete information.
You agree:
Further, you represent and warrant that you will not do any of the following in connection with OPHCS or your use of OPHCS:
The Ohio Department of Health and/or your program administrators reserve the right to revoke your account upon the discovery that the information you have provided is intentionally misleading, not true, not complete, or not accurate.
The Privacy Policy explains how OPHCS collects and uses information you have provided or seek to access by providing your information. You consent to OPHCS using your Registration Information and other information collected by OPHCS under the Registry Privacy Policy
By registering with or using OPHCS, you consent to the collection and use of your Registration Information and the transfer of this information to the Ohio Department of Health and authorized third parties for processing and storage. Additionally, you agree that the Ohio Department of Health may use various services or technologies to authenticate you and your identity and credentials on OPHCS, help store your Registration Information and transaction-related information, and enable authorized users to access the information you provide on OPHCS.
You understand that, at all times, your Registration Information and any information that relates to you constitutes a governmental or official record.
You are responsible for all activity made by you or anyone you allow to have access to your profile. You agree to keep confidential the passwords associated with your Registration Information.
You may not use OPHCS while driving, operating hazardous equipment, or engaging in other forms of hazardous activities.
You are responsible for any materials you post or make available on or through OPHCS.
You are responsible for obtaining your own internet access, such as maintaining all telephone, computer hardware and other equipment needed for access to and use of OPHCS, related Products, and all charges related thereto. Any telephone or other communications charges incurred by you to access OPHCS or any OPHCS products are your responsibility.
You may use OPHCS and OPHCS products for lawful purposes only. You may not post on or transmit through community areas (e.g., message boards, e-mail, calendars) or other means, any material that (1) violates or infringes in any way upon the rights of others, (2) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent or otherwise objectionable, (3) encourages conduct that would constitute a criminal offense, (4) gives rise to civil liability, (5) violates any policies posted in any community areas or (6) otherwise violates any law. You also may not undertake any conduct that restricts or inhibits any other user from using or accessing the data on OPHCS or on any OPHCS Products.
You may not harvest or collect information about OPHCS users unless prior written permission is obtained from the Ohio Department of Health. You may not harvest or collect information about the OPHCS users or any OPHCS Product for the purpose of sending unauthorized bulk communications. Any violation of these provisions may result in immediate termination of your registration account or access to OPHCS and further legal action. You agree that the Ohio Department of Health may take any legal and technical remedies to prevent unsolicited bulk communications or other unauthorized communications from entering, utilizing or remaining within OPHCS's networks.
You may access OPHCS and OPHCS Products only through the interfaces and protocols provided or authorized by the Ohio Department of Health. You agree that you will not access OPHCS or OPHCS Products through unauthorized means, such as unlicensed software clients, and that you will only use OPHCS and OPHCS Products in conjunction with the Ohio Department of Health's authorized products and components.
You acknowledge that OPHCS, or any use of any OPHCS‟s Product thereof, or portion thereof may be subject to the export control laws of the United States. You will not export, re-export, divert, transfer or disclose any portion of OPHCS or OPHCS products or any related technical information or materials, directly or indirectly, in violation of any applicable export law or regulation.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any purposes any portion of OPHCS or OPHCS Products, or access to OPHCS or OPHCS Products.
You acknowledge that any use of OPHCS contrary to this Agreement, or any transfer, sublicensing, copying or disclosure of technical information or materials related to OPHCS or OPHCS Products may cause irreparable injury to the Ohio Department of Health and its agents, contractors, sub- contractors, third party service providers, affiliates, and any other party authorized to resell, distribute, or promote OPHCS, or OPHCS Products. Under such circumstances the Ohio Department of Health and its agents, contractors, sub-contractors, third party service providers, and affiliates will be entitled to equitable relief, without posting bond or other security, including, but not limited to, preliminary and permanent injunctive relief.
You understand that your use of OPHCS and any OPHCS Product is at your own risk and that the Ohio Department of Health provides no assistance other than the information posted on OPHCS. The Ohio Department of Health is under no obligation to provide you with any error corrections, updates, upgrades, bug fixes and/or enhancements of the Software.
OPHCS and OPHCS Products may contain links to other web sites, resources and other third- parties. The Ohio Department of Health is not responsible for the availability of these external sites nor does it endorse, or is it responsible for, the aesthetics, appeal, suitability to taste or subjective quality of informational content, advertising, products or other materials made available on or through such external sites.
Under no circumstances shall the Ohio Department of Health be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to you in connection with the use of or reliance on any content, goods or services available on such external sites. You should direct any concerns to such external Registry administrator or Webmaster.
YOUR USE OF OPHCS AND OPHCS PRODUCTS AND SOFTWARE IS AT YOUR SOLE RISK. OPHCS AND OPHCS PRODUCTS AND SOFTWARE ARE PROVIDED “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. SPECIFICALLY, THE OHIO DEPARTMENT OF HEALTH DISCLAIMS IMPLIED WARRANTIES THAT OPHCS AND OPHCS PRODUCTS AND SOFTWARE ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. THE OHIO DEPARTMENT OF HEALTH DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN OPHCS OR OPHCS PRODUCTS AND SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF OPHCS OR OPHCS PRODUCTS AND SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN OPHCS OR OPHCS PRODUCTS AND SOFTWARE WILL BE CORRECTED. THE OHIO DEPARTMENT OF HEALTH DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF OPHCS OR OPHCS PRODUCTS, SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. THE OHIO DEPARTMENT OF HEALTH PROVIDES OPHCS AND OPHCS PRODUCTS AND SOFTWARE ON A COMMERCIALLY REASONABLE BASIS AND DO NOT GUARANTEE THAT USERS WILL BE ABLE TO ACCESS OR USE OPHCS OR OPHCS PRODUCTS AT TIMES OR LOCATIONS OF THEIR CHOOSING, OR THAT OPHCS WILL HAVE ADEQUATE CAPACITY FOR OPHCS PRODUCTS AS A WHOLE.
THE OHIO DEPARTMENT OF HEALTH‟S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH THE OHIO DEPARTMENT OF HEALTH (INCLUDING WITHOUT LIMITATION YOUR USE OF OPHCS AND OPHCS PRODUCTS) IS TO DISCONTINUE YOUR USE OF OPHCS AND OPHCS PRODUCTS. THE OHIO DEPARTMENT OF HEALTH SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGE ARISING FROM YOUR USE OF OPHCS OR ANY OPHCS PRODUCT, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF OPHCS OR OPHCS PRODUCTS. THESE EXCLUSIONS FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL OR PERSONAL DAMAGES OR LOSSES, EVEN IF THE OHIO DEPARTMENT OF HEALTH HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME CLIENTS OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH CLIENTS OR JURISDICTIONS, THE CLIENT‟S LIABILITY IN SUCH STATE OR JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
THE OHIO DEPARTMENT OF HEALTH DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED THROUGH OPHCS OR ANY OPHCS PRODUCT, AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
You agree to defend, indemnify and hold harmless the Ohio Department of Health, and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys‟ fees, arising out of your use of OPHCS and OPHCS Products. The Ohio Department of Health reserves the right, at its own expense and in its sole discretion, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
You agree to indemnify and hold harmless the Ohio Department of Health for losses incurred by you, any person, private entity, local, state or federal governmental entity, or another other party due to:
These terms of Service shall be governed and construed in accordance with the laws of the State of Ohio. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Service or your use of OPHCS shall be filed only in the state or federal courts located in the State of Ohio, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. The foregoing provision may not apply to you depending on the laws of your jurisdiction.
Failure by either party to exercise any of its rights hereunder or to enforce any provision of, these Terms of Service will not be deemed a waiver or forfeiture of such rights or ability to enforce such provision. If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid or unenforceable, that provision will be amended to achieve, as nearly as possible, the same economic effect of the original provision, and the remainder of this Agreement will remain in full force and effect.
The Ohio Department of Health has the right to terminate your registration and registration account or your access to any OPHCS Products for any reason in the Ohio Department of Health‟s sole discretion, including but not limited to termination, if it considers your use to be unacceptable, or in the event of any breach by you of the Terms of Service (either directly or through breach of any other terms and conditions or operating rules applicable to you). The Ohio Department of Health may, but shall be under no obligation to, provide you a warning prior to termination of your use of OPHCS or OPHCS Products.
All trademarks appearing on OPHCS and on any OPHCS Products are the property of their respective owners.
The provisions of these Terms of Service addressing disclaimers of representations and warranties, limitation of liability, indemnity obligations, intellectual property, and governing law shall survive the termination of these Terms of Service, your registration with OPHCS and use of any OPHCS Products.
These Terms of Service and any operating rules for any areas of functionality of OPHCS and OPHCS Products established by the Ohio Department of Health constitute the entire agreement between the Ohio Department of Health and you, regarding the subject matter of these Terms of Service, and supersede all previous written or oral agreements. In the event of any inconsistency between these Terms of Service and any such other terms of use or operating rules of a specific OPHCS Product, these Terms of Service will supersede such other terms of service or operating rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
Effective February 13, 2012