College of Education: Oregon Center for Career Development in Childhood Care and Education (OCCD):
Portland State University
“Agreement” means the entire written agreement between the parties, including but not limited to any Work Order and any subsequent change notices. “User” and or “You” means a person or organization who logs into the Oregon Registry. “OCCD” means Oregon Center for Career Development in Childhood Care and Education. “PSU” means Portland State University
2. DESCRIPTION OF SERVICES
OCCD administers the Oregon Registry, a program to award individuals working in the field of child care “steps” of professional development based upon the achievement of education and training. The Oregon Registry also intakes training and education documentation submitted by both individuals and employers and verifies it for use by the Oregon Department of Education: Early Learning Division’s Office of Child Care to meet state licensing requirements. Individuals are currently able to log into the Oregon Registry to view their professional development records and upload documents directly.
Oregonregistryonline.org (“myORO”) is an online service that allows Users to upload documents and track professional development as recorded by the Oregon Registry. The terms and conditions of this agreement apply to and govern: (i) the services specified referenced on oregonregistryonline.org and by you, the user; and (ii) By using oregonregistryonline.org and any other functionality or services offered by the Oregon Center for Career Development in Childhood Care and Education (OCCD), you agree to be bound by these terms set forth below (the “Agreement”). If you do not agree with the terms of this Agreement, please do not register for an account or continue use of the Services.
INTELLECTUAL PROPERTY RIGHT
5. USER ACCOUNT
5.2 No Impersonation: When signing up, you agree not to create an account on behalf of someone other than yourself, and agree to use your real name, address and email address.
5.3 Access to your Account by Others: If you set up an account with myORO, you are responsible for maintaining the confidentiality of your username and password. You may not share, transfer or authorize others to use or access your account without prior written approval from OCCD. Any attempt to do so will be considered a violation of this Agreement. You are solely responsible for all usage or activity on your account including, but not limited to, use of the account by any other person, with or without authorization.
5.4 Security: If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft, or unauthorized disclosure of your password), you should promptly secure your account by using the appropriate update mechanism on the Services, if available, or notify us.
5.5 Account Termination: OCCD has the right (but not the obligation) to limit, suspend, terminate, modify, or delete your account and to limit your access to the Services or portions thereof at our discretion, with or without notice to you, at any time. If you would like to delete or temporarily disable your account, please contact us.
6. ACCEPTABLE USE
Your use of the Services is subject to the following restrictions and obligations:
6.1 You may not attempt to gain access to another user’s account.
6.2 You may not use the Services in any way that is unlawful, fraudulent, deceptive, defamatory, obscene, or otherwise harmful. This restriction includes, but is not limited to, uploading content that violates any applicable laws, statutes, or regulations, that infringes or violates any other person’s or entity’s rights, or that OCCD, in its sole discretion, finds to be obscene or defamatory.
6.3 You will upload documents pertaining to your own professional development and not documents for other people. Repeated violations can result in the disabling of document uploads.
6.4 You agree to comply with all applicable laws, including, but not limited to, any privacy laws as well as OCCD’s policies when you use our Services.
7. PROHIBITED CONDUCT
Except as expressly permitted by this agreement, user shall not, directly or indirectly, without the express, prior written consent of OCCD: (i) use or permit the use of, reproduce or otherwise duplicate, disclose, distribute, modify, encumber, time-share, license, sublicense, rent, lease, or transfer any part of the service, any portion thereof, or any user rights thereto (as granted by this Agreement); (ii) merge any service or any portion thereof with any other program or materials, without prior written consent of OCCD; (iii) reverse engineer, decompile, disassemble, extract, or otherwise derive or attempt to derive the source code of any service or any other compiled software provided or made available by OCCD hereunder; (iv) remove, obliterate, or cancel from view any copyright, trademark, or other proprietary or confidentiality notice or legend appearing on or in the service of any other materials provided or made available by OCCD hereunder; (vi) allow access to the service to its customers or unauthorized users unless specifically acknowledged and agreed to by OCCD; and (vi) knowingly permit any other person or entity to engage in any of the foregoing conduct.
This Agreement shall remain in full force and effect while you use the services. You may terminate your service at any time. OCCD may terminate or suspend your access to services or your membership at any time for any reason, and without warning, which may result in the forfeiture and destruction of all information associated with your membership. OCCD may also terminate or suspend any and all services and access to the website immediately, without prior notice or liability, if you breach any of the terms use of this agreement. Upon termination of your account, your right to use the services, access to the website, and any content will immediately cease. All provisions in this agreement, which, by their nature should survive termination, shall survive termination, including without limitation, ownership provisions warranty disclaimers, and limitations of liability. User ban and account termination clause should always be included in terms and conditions if there is a user/visitor behavior limitation clause. In this clause, the website owner informs users that their accounts can be terminated if they violate any of the rules and guidelines regarding the use of the website.
9. GOVERNING LAW:
This Agreement shall be governed and construed in accordance with the laws of the State of Oregon without regard to principles of conflicts of law. Any claim, action, suit or proceeding (collectively “claim”) between PSU and Contractor that arises from or relates to this Agreement shall be brought and conducted solely and exclusively within the Circuit Court of Multnomah County for the State of Oregon; provided, however, if a claim must be brought in a federal forum, then it shall be brought and conducted solely and exclusively within the United States District Court for the District of Oregon. CONTRACTOR, BY EXECUTION OF THIS AGREEMENT, HEREBY CONSENTS TO THE IN PERSONAM JURISDICTION OF SAID COURTS.
11. LIMITATION OF LIABILITY
IMPORTANT: Under no circumstances will OCCD, its affiliates, or its third-party service providers be liable to you for any direct, indirect, consequential, or incidental loss of data, profits, business, economic or financial advantage, goodwill, or any other intangible loss (“Loss”) as a result of your use of the Services. You cannot hold OCCD liable for any Loss caused by connection speed or technical interruptions. OCCD is not liable for Loss caused by the conduct or content of any third party on the Services. OCCD is under no obligation to provide compensation for any losses or results that may occur due to your failure to comply with this Agreement or terms of a third party; repeated violations of third-party rights; actual or suspected illegal or improper use of our Services; offensive materials or conduct; or technical reasons.
PSU Contract # 520983