HAN USER AGREEMENT
TERMS OF SERVICE
The South Dakota Department of Health provides the South Dakota Health Alert Network (hereinafter referred to as the "Site") as a service to inform, alert, and notify South Dakota’s emergency response community and state government officials through a centralized information sharing and emergency notification system. The Site and any materials for download only are available on the terms and conditions described below, which are intended to be legally binding on Administrative and Authorized Users who are given access to the Site through the SDDOH.
ALL USERS MUST AGREE TO THESE TERMS OF SERVICE TO USE THIS SITE
By using the Site, you agree to these terms and conditions ("Terms of Service") and the Privacy Policy. You agree to accept notices electronically. Each time you use the Site, 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 Site. You cannot use, access data, or share information on the Site until you have accepted these Terms of Service. If you do not agree to these terms and conditions, do not use this Site. You may not use the Site for any illegal or unauthorized purpose
IMPORTANT-READ CAREFULLY
USE OF THIS SITE AND ITS SERVICES AND ASSOCIATED SOFTWARE (THE "SITE SERVICES") IS CONDITIONED UPON YOUR COMPLIANCE AND ACCEPTANCE OF THESE TERMS.
SDDOH reserves the right to modify or terminate the Site or Site Services for any reason, and without notice, without liability to you, or any third party. SDDOH also reserves the right to modify these Terms of Service from time to time without notice. You are responsible for regularly reviewing these Terms of Service 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 Site functions as a non-commercial and User only venue to notify Administrative and Authorized Users and disseminate health alerts. The Site confirms the identity of all Users through the use of email accounts and information provided. Submitted information is the responsibility of the individual. SDDOH does not accept any responsibility for the information submitted.
THE SITE PRODUCTS
For purposes of these Terms of Service, the term Products shall mean the Site (whether preinstalled, on a medium, offered by download, or accessible via a web site), the Site Services, the Site and all other software, features, tools, web sites, and services provided by or through the Site.
ADDITIONAL TERMS AND CONDITIONS FOR OTHER SERVICES OR PRODUCTS
You agree and understand that certain Site Products, features, and services offered by or through the Site (including services from SDDOH) 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 Site shall constitute a breach of these Terms of Service.
MODIFICATIONS TO THE TERMS OF SERVICE
SDDOH, through the Site, 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 Site. If you do not agree with the modified Terms of Service, your only remedy is to discontinue using the Site.
NO UNAUTHORIZED ACCESS
You may not harvest or collect information about the Site. You may not harvest or collect information about Site users and or registrants of the Site 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 Site Database and further legal action. You agree that KDPH may take any legal and technical remedies to prevent unsolicited bulk communications from entering, utilizing or remaining within the Site’s networks.
REQUIREMENTS FOR ACCESS TO THE SITE, ITS DATA, AND PRODUCTS
SDDOH provides access to Administrative Users and Authorized Users of the Site. Refer to the South Dakota HAN Resource Manual for definitions and additional access information.
RESPONSIBILITY FOR CONTENT OF YOUR INFORMATION PROFILE AND ACTIVITY UNDER YOUR USERNAME
Some parts of the Site may require the Authorized or Administrative User to provide information to the Site, such as name, e-mail address, gender, date of birth, and contact information as may be deemed necessary by SDDOH. By providing this information you are confirming that you have adequate legal capacity to enter into binding agreements such as these Terms of Service.
Once given Administrative or Authorized User access to the Site, you agree to provide accurate and complete information and you agree to keep such information current.
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 required profile information, you will be given access to the Site 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 Site.
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 Site 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 Site, You agree to provide accurate and complete information.
You Agree:
- Not to post any false, misleading, discourteous, unprofessional or inappropriate information to the Site;
- Not to use an automated information collection mechanism or manual information collection process to monitor, collect, or copy information contained in the Site;
- Not to distribute information found on the Site without authorization to do so by SDDOH.
Further, you agree that you will not do any of the following in connection with the Site or your use of the Site:
- Violate, intentionally or unintentionally, any applicable local, federal, state, 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 Site you are not strictly authorized to access (Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution);
- Do anything which would create or impose an unreasonable or disproportionately large burden or load on the Site;
- Frame or link to the Site except as permitted in writing by SDDOH;
- Impersonate any person or entity, misrepresent your identity or otherwise misrepresent your affiliation with a person or entity;
- Interfere with or disrupt the Site or Site Services, servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services;
SDDOH or an Administrative User may 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.
ADMINISTRATIVE OR AUTHORIZED USER INFORMATION
The Privacy Policy explains how the Site collects and uses information you have provided or access. You consent to the Site using your username, password and other information collected by the Site under the Privacy Policy.
By using the Site, you consent to the collection and use of your profile information and the transfer of this information to SDDOH and authorized third parties for processing and storage. Additionally, you agree that SDDOH may use various services or technologies to authenticate you and your identity on the Site, help store your Information and transaction-related information, and enable Administrative Users to access the information you provide on the Site. You understand that, at all times, your profile information and any information that relates to you belongs to SDDOH.
ADMINISTRATIVE AND AUTHORIZED USER RESPONSIBILITY
You are responsible for all activity related to your Profile. You agree to keep confidential the passwords associated with your information.
You may not use the Site 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 Site.
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 Site, related Products, and all charges related thereto. Any telephone or other communications charges incurred by you to access the Site or any Site Products are your responsibility.
YOU MAY USE THE SITE AND SITE PRODUCTS FOR LAWFUL PURPOSES ONLY
You may use the Site and Site 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 Authorized or Administrative User from using or accessing the data on the Site or on any Site Products.
NO UNAUTHORIZED ACCESS
You may not harvest or collect information about the Site Administrative or Authorized Users unless prior written permission is obtained from SDDOH. You may not harvest or collect information about Authorized or Administrative Users of the Site or any Site Product for the purpose of sending unauthorized bulk communications. Any violation of these provisions may result in immediate termination of your access to the Site and further legal action. You agree that SDDOH may take any legal and technical remedies to prevent unsolicited bulk communications from entering, utilizing or remaining within the Site's networks.
RESTRICTIONS ON ACCESS TO OR USE OF THE SITE AND SITE PRODUCTS
You may access the Site and Site Products only through the interfaces and protocols provided or authorized by SDDOH. You agree that you will not access the Site or Site Products through unauthorized means, and that you will only use the Site and Site Products in conjunction with SDDOH's authorized products and components.
EXPORT RESTRICTIONS
You acknowledge that the Site, or any use of any Site 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 Site or Site products or any related technical information or materials, directly or indirectly, in violation of any applicable export law or regulation.
NO RESALE OF SITE OR SITE PRODUCTS
You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes any portion of the Site or Site Products, or access to the Site or Site Products.
INJUNCTIVE RELIEF
You acknowledge that any use of the Site contrary to this Agreement, or any transfer, sublicensing, copying or disclosure of technical information or materials related to the Site or Site Products may cause irreparable injury to SDDOH and its agents, contractors, sub-contractors, third party service providers, affiliates, and any other party authorized to resell, distribute, or promote the Site, or Site Products. Under such circumstances SDDOH 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 SDDOH ON THE SITE
You understand that your use of the Site and any Site Product is at your own risk. SDDOH is under no obligation to provide you with any error corrections, updates, upgrades, bug fixes, and/or enhancements of the Software.
NO ENDORSEMENT
The Site and Site Products may contain links to other web sites and resources. SDDOH 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 SDDOH 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.
DISCLAIMER OF WARRANTY
USE OF THE SITE AND SITE PRODUCTS AND SOFTWARE IS AT YOUR SOLE RISK. THE SITE AND SITE 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, SDDOH DISCLAIMS IMPLIED WARRANTIES THAT THE SITE AND SITE PRODUCTS AND SOFTWARE ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NONINFRINGING. SDDOH DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR SITE PRODUCTS AND SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR SITE PRODUCTS AND SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SITE OR SITE PRODUCTS AND SOFTWARE WILL BE CORRECTED. SDDOH DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR SITE PRODUCTS, SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. SDDOH PROVIDES THE SITE AND SITE PRODUCTS AND SOFTWARE ON A COMMERCIALLY REASONABLE BASIS AND DO NOT GUARANTEE THAT USERS WILL BE ABLE TO ACCESS OR USE THE SITE OR SITE PRODUCTS AT TIMES OR LOCATIONS OF THEIR CHOOSING, OR THAT THE SITE WILL HAVE ADEQUATE CAPACITY FOR SITE PRODUCTS AS A WHOLE.
LIMITATION OF LIABILITY
SDDOH'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH SDDOH (INCLUDING WITHOUT LIMITATION YOUR USE OF THE SITE AND SITE PRODUCTS) IS TO DISCONTINUE YOUR USE OF THE SITE AND SITE PRODUCTS. SDDOH SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGE ARISING FROM YOUR USE OF THE SITE OR ANY SITE PRODUCT, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SITE OR SITE 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 SDDOH 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, SDDOH'S LIABILITY IN SUCH STATE OR JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
SDDOH DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED THROUGH THE SITE OR ANY SITE 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 SDDOH, 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 Site and Site Products. SDDOH 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 SDDOH 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 Site Products.
CHOICE OF LAW AND FORUM
These terms of Service shall be governed and construed in accordance with the laws of the State of South Dakota. 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 Site shall be filed in circuit court in Hughes County, South Dakota, 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
SDDOH has the right to terminate any Administrative or Authorized User access to the Site or any Site Products for any reason in SDDOH’s sole discretion, including but not limited to, if SDDOH 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). SDDOH may, but shall be under no obligation to, provide you a warning prior to termination of your use of the Site or Site Products.
TRADEMARKS
All trademarks appearing on the Site and on any Site 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 Site and use of any Site Products.
These Terms of Service and any operating rules for any areas of functionality of the Site and Site Products established by SDDOH constitute the entire agreement between SDDOH 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 Site 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.