Terms of Service
The Ohio Department of Health (ODH) and its agents, contractors, sub-contractors, and third party service providers (collectively, "the Ohio Department of Health") provides https://www.ohioresponds.odh.ohio.gov/, a world wide web site (hereinafter referred to as the "Registry") as a service to register, credential, manage, and deploy individuals who are interested in assisting during disaster situations.
The Registry 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 register as volunteers, and (2) those who seek to access the data collected herein in the event of an emergency (hereinafter collectively referred to as you).
YOU MUST AGREE TO THESE TERMS OF SERVICE TO USE THIS REGISTRY
By using or registering on the Registry you agree to these terms and conditions ("Terms of Service") and the Registry Privacy Policy. You agree to accept notices electronically. Each time you use the Registry, 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 using the Registry. You cannot use, access data, credentials, sign up or register on the Registry until you have accepted these Terms of Service. If you do not agree to these terms and conditions, do not use this Registry. You may not use the Registry for any illegal or unauthorized purpose.
IMPORTANT-READ CAREFULLY:
YOUR USE OF THIS REGISTRY AND ITS SERVICES AND ASSOCIATED SOFTWARE (THE "SITE SERVICES") IS CONDITIONED UPON YOUR COMPLIANCE AND ACCEPTANCE OF THESE TERMS.
The Ohio Department of Health reserves the right to modify or terminate the Registry Service 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.
OBJECTIVE
The Registry functions as a non-commercial and member only venue to assist in the registration of individuals, validation of professional licensure, management of program deployment information and emergency notification preferences for members, and deployment of members who wish to participate in the Ohio Department of Health's Emergency System for Advance Registration of Volunteer Health Professionals (ESAR-VHP) and/or other programs located on this Registry.
The Registry presently limits registration to members of programs and organizations authorized by the Ohio Department of Health. The Registry confirms the identity of users through the use of email accounts and information provided at the time of registration. The Registry 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.
THE REGISTRY PRODUCTS
For purposes of these Terms of Service, the term Products shall mean the Registry (whether pre-installed, on a medium or offered by download), the Registry services, the Registry and all other software, features, tools, web sites, and services provided by or through the Registry.
ADDITIONAL TERMS AND CONDITIONS FOR OTHER SERVICES OR PRODUCTS
You agree and understand that certain Registry Products, features and services offered by or through the Registry (including services from the Ohio Department of Health) may be subject to additional terms and conditions or registration requirements.
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 the Registry shall constitute a breach of these Terms of Service.
MODIFICATIONS TO THE TERMS OF SERVICE
The Ohio Department of Health, through the Registry, 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 the Registry. If you do not agree with the modified Terms of Service, your only remedy is to discontinue using the Registry and cancel your registration.
REQUIREMENTS FOR USE OR REGISTRATION ON THE REGISTRY, ITS DATA AND PRODUCTS
The Registry is open to members and administrators of the programs approved for participation by the Ohio Department of Health. By registering on the Registry and using the Registry you represent and warrant that you are eligible to register as a member of one of these participating organizations.
RESPONSIBILITY FOR CONTENT OF YOUR INFORMATION PROFILE AND ACTIVITY UNDER YOUR USERNAME
You represent and warrant that you have adequate legal capacity to enter into binding agreements such as these Terms of Service. Some parts of the Registry may require the user to register and provide information to the Registry, such as name, email address, gender, date of birth, Drivers License information, proof of education, proof of professional licensure, DEA license number, medical board certification, National Practitioner Database status, Inspector General status, active clinical practice status, active clinical privileges, and any other credentialing 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 register on the Registry, you agree to provide accurate and complete Registration Information and you agree to keep such information current.
As part of the registration process, you will be asked to provide 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, and receiving confirmation from the Ohio Department of Health, you will be a registered on the Registry and have an information profile ("Profile") which you can access online with your username and password. Your username and password are required to access the Registry. When you complete the registration process, a confirmation email will be sent to you with instructions on how to log in.
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 the Registry 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 the Registry, You agree to provide accurate and complete information.
You agree:
- Not to post any false, misleading, discourteous, unprofessional or inappropriate information to the Registry;
- Not to discuss information in 'restricted' or confidential areas of the Registry which you may have access to;
- Not to use an automated information collection mechanism or manual information collection process to monitor, collect, or copy information contained in the Registry;
- Not to distribute information found on the Registry.
Further, you represent and warrant that you will not do any of the following in connection with the Registry or your use of the Registry:
- Violate, intentionally or unintentionally, any applicable local, state, national, or international law or regulation;
- Infringe any third party's copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy.
- Upload, post or transmit any information that you do not have the right to post or transmit under any law, contractual duty or fiduciary relationship, including but not limited to inside information, proprietary and confidential information learned as part of employment contract, or information learned under a nondisclosure agreement or obtained in a wrongful manner;
- Upload, post, or transmit any information that is unlawful, untrue, fraudulent, harassing, libelous, defamatory, abusive, tortuous, threatening, harmful (including but not limited to viruses, Trojan horses, time bombs, cancel bots, corrupted files, or any other programming routines that are intended to damage, detrimentally interfere with, intercept or expropriate any system data or information) or is otherwise objectionable;
- Access, tamper with, or use areas of the Registry you are not strictly authorized to access (Unauthorized individuals attempting to access these areas of the Registry may be subject to prosecution);
- Do anything which would create or impose an unreasonable or disproportionately large burden or load on the Registry;
- Frame or link to the Registry except as permitted in writing by the Ohio Department of Health;
- Impersonate any person or entity, falsely state your identity or otherwise misrepresent your affiliation with a person or entity;
- Interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services;
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.
REGISTERED USER INFORMATION
The Privacy Policy explains how the Registry collects and uses information you have provided or seek to access. You consent to the Registry using your Registration Information and other information collected by the Registry under the Registry Privacy Policy.
By registering with or using the Registry, 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 the Registry, help store your Registration Information and transaction-related information, and enable authorized users to access the information you provide on the Registry in the event of a declared emergency or disaster. In the event of a declared emergency or disaster, authorized personnel will access your profile to verify your credentials, or they will contact you regarding your availability to serve in a designated area in a manner that most closely matches the skills and experience that you have described on your profile.
You understand that, at all times, your Registration Information and any information that relates to you constitutes a governmental or official record.
YOUR RESPONSIBILITY
You are responsible for all activity made by you or anyone you allow to provide information on your profile, including your family or friends. You agree to keep confidential the passwords associated with your Registration Information.
You may not use the Registry 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 the Registry.
COMMUNICATIONS
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 the Registry, related Products, and all charges related thereto. Any telephone or other communications charges incurred by you to access the Registry or any Registry Products are your responsibility.
YOU MAY USE THE REGISTRY AND EGISTRY PRODUCTS FOR LAWFUL PURPOSES ONLY
You may use the Registry and Registry products for lawful purposes only. You may not post on or transmit through community areas (e.g., message boards, email, 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 the Registry or on any Registry Products.
NO UNAUTHORIZED ACCESS
You may not harvest or collect information about the Registry users unless prior written permission is obtained from the Ohio Department of Health. You may not harvest or collect information about the Registry users and or registrants of the Registry or any Registry 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 the Registry Database and further legal action. You agree that the Ohio Department of Health may take any legal and technical remedies to prevent unsolicited bulk communications from entering, utilizing or remaining within the Registry's networks.
RESTRICTIONS ON ACCESS TO OR USE OF THE REGISTRY AND REGISTRY PRODUCTS
You may access the Registry and Registry Products only through the interfaces and protocols provided or authorized by the Ohio Department of Health. You agree that you will not access the Registry or Registry Products through unauthorized means, such as unlicensed software clients, and that you will only use the Registry and Registry Products in conjunction with the Ohio Department of Health's authorized products and components.
EXPORT RESTRICTIONS
You acknowledge that the Registry, or any use of any Registry 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 the Registry or Registry products or any related technical information or materials, directly or indirectly, in violation of any applicable export law or regulation.
NO RESALE OF REGISTRY OR REGISTRY PRODUCTS
You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes any portion of the Registry or Registry Products, or access to the Registry or Registry Products.
INJUNCTIVE RELIEF
You acknowledge that any use of the Registry contrary to this Agreement, or any transfer, sublicensing, copying or disclosure of technical information or materials related to the Registry or Registry 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 the Registry, or Registry 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.
NO SUPPORT BY THE OHIO DEPARTMENT OF HEALTH ON THE REGISTRY
You understand that your use of the Registry and any Registry Product is at your own risk and that the Ohio Department of Health provides no assistance other than the information posted on the Registry. 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.
NO ENDORSEMENT
The Registry and Registry Products may contain links to other web sites, resources and advertisers. 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 sitess. You should direct any concerns to such external site administrator or Webmaster.
DISCLAIMER OF WARRANTY
YOUR USE OF THE REGISTRY AND REGISTRY PRODUCTS AND SOFTWARE IS AT YOUR SOLE RISK. THE REGISTRY AND REGISTRY 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 THE REGISTRY AND REGISTRY 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 THE REGISTRY OR REGISTRY PRODUCTS AND SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE REGISTRY OR REGISTRY PRODUCTS AND SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE REGISTRY OR REGISTRY 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 THE REGISTRY OR REGISTRY PRODUCTS, SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. THE OHIO DEPARTMENT OF HEALTH PROVIDES THE REGISTRY AND REGISTRY PRODUCTS AND SOFTWARE ON A COMMERCIALLY REASONABLE BASIS AND DO NOT GUARANTEE THAT USERS WILL BE ABLE TO ACCESS OR USE THE REGISTRY OR REGISTRY PRODUCTS AT TIMES OR LOCATIONS OF THEIR CHOOSING, OR THAT THE REGISTRY WILL HAVE ADEQUATE CAPACITY FOR REGISTRY PRODUCTS AS A WHOLE.
LIMITATION OF LIABILITY
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 THE REGISTRY AND REGISTRY PRODUCTS) IS TO DISCONTINUE YOUR USE OF THE REGISTRY AND REGISTRY PRODUCTS. THE OHIO DEPARTMENT OF HEALTH SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGE ARISING FROM YOUR USE OF THE REGISTRY OR ANY REGISTRY PRODUCT, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE REGISTRY OR REGISTRY 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 STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE OHIO DEPARTMENT OF HEALTH'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 THE REGISTRY OR ANY REGISTRY 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.
INDEMNIFICATION
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 the Registry and Registry 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:
- Damages resulting from an unauthorized person or entity who has obtained your profile information and misused same;
- Damages resulting from your registration information as a result of your failure to use reasonable care to keep your registration information confidential;
- Damages resulting from your failure to use reasonable care while using any Registry Products.
CHOICE OF LAW AND FORUM
These terms of Service shall be governed and construed in accordance with the laws of the Ohio Department of Health. 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 the Registry shall be filed only in the state or federal courts located in the Ohio Department of Health, 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.
WAIVER AND SEVERABILITY
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.
TERMINATION
The Ohio Department of Health has the right to terminate your registration and registration account or your access to any Registry 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 the Registry or Registry Products.
TRADEMARKS
All trademarks appearing on the Registry and on any Registry Products are the property of their respective owners.
MISCELLANEOUS
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 the Registry and use of any Registry Products.
These Terms of Service and any operating rules for any areas of functionality of the Registry and Registry 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 Registry 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.