Terms Of Use
Oklahoma One-Call System, Inc. ("Call Okie"; “us”; “we”) operates the www.callokie.com web site (the "Web Site"). Call Okie operates this Web Site for informational purposes. You may use this Web Site only if you comply with and agree to be bound by these Terms of Use ("Terms of Use").
Entering Information and Use of Passwords Through the Web Site
If you choose to enter information through the Web Site, you agree to (a) provide true, accurate, current and complete information as prompted through the Web Site, and (b) to maintain and promptly update any user contact or profile information in order to keep it true, accurate, current and complete. If you use certain parts or features on the Web Site, you may also be asked to choose or use a unique password. You are responsible for maintaining the confidentiality of your password and are fully responsible for all activities that occur under your password. You agree to notify Call Okie immediately of any known or suspected unauthorized use of your password or any other breach of security. Call Okie cannot and will not be liable for any loss or damage arising from your failure to protect the confidentiality of your password or to otherwise prevent unauthorized use of your password.
Other Information You May Provide to Us
You may decide to send us personally identifiable information and other information or materials through the Web Site, including by completion of on-line forms, providing excavation information, contact information, e-mail messages, or otherwise. All personally identifiable information you submit to us via such electronic communications will be managed in accordance with these Terms of Use. We may use such information: (a) for the submission of excavation requests, (b) to update your contact information,(c) for damage prevention efforts, (d) to provide you further information or services (e.g., to provide you with damage prevention brochures or other requested information), (e) to improve our Web Site, or (f) for other aspects of Call Okie’s damage prevention efforts.
We may share information with third parties, including our subcontractors, vendors and damage prevention partners in order to promote damage prevention in Oklahoma. Further, excavation information you provide to us will be posted on our Web Site and viewable by anyone.
Email Newsletters
We offer several free damage prevention information email newsletters. There are many ways you may be subscribed to one or more of our newsletters: you explicitly asked to be subscribed to a newsletter; you gave us your email address when requesting an excavation locate request, or you provided us with your email address in some other situation.
Data Collection and Disclosure
Call Okie's damage prevention efforts require us to collect data from you in order to provide our damage prevention services. Any information you provide us in submitting an excavation locate request or as a facility operator is collected by us and may be viewed through this Web Site by third parties. YOU SHOULD HAVE NO EXPECTATION OF PRIVACY IN CONNECTION WITH USING CALL OKIE OR ENTERING INFORMATION THROUGH THIS WEB SITE. Searchable files, fields and other information are, by definition, available for searches by third parties through this Web Site so that damage prevention efforts can be enhanced. There is no ability for Call Okie to limit disclosure of the information you provide. Call Okie uses analytical tools to aid in Web Site design, management, content development, and for creation of future products to better serve the damage prevention effort.
Cookies
Like many Web Sites, Call Okie makes use of cookies (pieces of information stored on your computer) which allow Call Okie to distinguish one user from another. You consent to the use of cookies by Call Okie if you use features on our Web Site that utilize cookies.
Terms of Use are Subject to Change
We are continually improving and adding to the features and functionality of the Web Site and the content we offer through the Web Site. As a result of these changes (or changes in the law), we may need to update or revise these Terms of Use, and we reserve the right to make any such modifications at any time, without prior notice, by posting the revised version of these Terms of Use on this Web Site. Therefore, you should review the posted Terms of Use on a regular basis. Your continued use of the Web Site after we have posted the revised Terms of Use constitutes your agreement to be bound by the revised Terms of Use.
External links
Call Okie may offer a variety of links on the Web Site to external sites that help promote damage prevention efforts. Because Call Okie has no control over such external sites and resources, you acknowledge and agree that Call Okie is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. Such information is not verified or endorsed by Call Okie.
Disclaimer of Warranties and Limitations Of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, CALL OKIE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH REGARD TO THE WEB SITE AND ALL CONTENT, PRODUCTS, OR SERVICES OFFERED THROUGH THE WEB SITE, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE WEB SITE AND ALL CONTENT, PRODUCTS AND SERVICES OFFERED THROUGH THE WEB SITE IS AT YOUR SOLE RISK, AND THAT ALL OF THE FOREGOING ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
UNDER NO CIRCUMSTANCES, WILL CALL OKIE , OR ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU OR TO ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR ANY LOSS, INJURY, LIABILITY, DAMAGE OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE ON THE WEB SITE OR ANY CONTENT, PRODUCT OR SERVICE PROVIDED TO YOU THROUGH OR IN CONNECTION WITH THE WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY CONTENT SUBMITTED BY YOU TO THE WEB SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, PERSONAL INJURY, LOSS OF DATA, GOODWILL, REVENUE OR PROFITS. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS; EVEN IF CALL OKIE AND/OR ANY REPRESENTATIVE OF CALL OKIE HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES; AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES.
IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, ILLEGAL OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF CALL OKIE , AND ITS DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, UNDER SUCH CIRCUMSTANCES TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED WILL NOT EXCEED ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OFDAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
Security
You understand and acknowledge that the Internet is inherently insecure and no web site operator can guarantee that a web site is secure. Call Okie does not warrant that the Web Site is secure, free from viruses, or "hacker-proof." You use the Web Site solely at your own risk.
Indemnification
You shall indemnify, defend and hold Call Okie, its officers, directors, employees and agents harmless from and against any and all claims, suits, damages, losses, liabilities, costs and expenses, including attorneys’ fees, arising out of your (or any third party using your password) (a) use of the Web Site, (b) violation of these Terms of Use or, (c) alleged violation of any claimed right of another person or entity.
Entire Agreement
These Terms of Use constitute the entire agreement between you and Call Okie regarding your use of the Web Site, they govern your use of the Web Site, and they completely replace any prior agreements between you and Call Okie in relation to your use of the Web Site.
Choice of Law and Forum
These Terms of Use and the relationship between you and Call Okie will be governed by the laws of the State of Oklahoma, without regard to conflict of law rules that would direct application of the laws of another jurisdiction. You and Call Okie agree to submit to the personal and exclusive jurisdiction of the courts located within Oklahoma County, Oklahoma or the United States District Court for the Western District of Oklahoma as to any legal action or proceeding arising out of or related to these Terms of Use and/or use of the Web Site, whether arising in tort, contract or otherwise.
Waiver and Severability of Terms
All waivers must be in writing and signed in ink on behalf of Call Okie. The failure of Call Okie to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid or otherwise unenforceable, the parties nevertheless agree that the other provisions of these Terms of Use will remain in full force and effect, and the court shall modify the invalid/unenforceable provision so as to make it enforceable under applicable law, while keeping the modified provision as consistent as possible with the original intent of the parties.
Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to these Terms of Use and/or use of the Web Site must be filed within one (1) year after such claim or cause of action arose, or be forever barred.
Effective Date: August 15, 2011
Copyright 2011, Oklahoma One-Call System, Inc. All rights reserved.
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