Terms of Service
1. Description Of Service And Acceptance Terms
These Terms of Service (the “Terms”) govern the usage of participating in the Nonprofit through volunteering, purchasing merchandise or products, participating in in-person and online community building activities and events, giving one-time donations, and giving recurring donations which result in an active paid subscription which results in receiving perks. Early notifications, premium content, and discounted event tickets and merchandise in connection with website owned or operated by Open Government Initiative, Incorporated (“Open Government Initiative, Inc.”, the “Nonprofit,” “we”, “us”, or “our”), an Oklahoma 501(c)(4) non-profit pending tax exempt status, including, without limitation, the websites currently located at https://opengovernmentok.com/ and their respective subdomains (collectively, the “Site”) and any other interactive features, widgets, products and resources offered by us and/or our affiliates, distributors or licensees (all of which are collectively referred to as the “Services”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.
2. Conditions Of Access And Use Of The Services
Every time you visit this Site, use our services or make a purchase, you accept the following conditions. This is why we urge you to read them carefully.
a. Age Limitation
Our Site and Services are not intended to be used by children without involvement and approval of a parent or guardian. If you are under the age of 18, you are not permitted to register with Open Government Initiative, Inc. or provide your personal information to Open Government Initiative, Inc.
b. Ownership
Site, Services, and Content published on Open Government Initiative, Inc. (digital downloads, images, texts, graphics, logos) is the property of Open Government Initiative, Inc. and/or its content creators and protected by international copyright laws. The entire compilation of the content found on this Site is the exclusive property of Open Government Initiative, Inc.
Except pursuant to applicable law, you may not reproduce, publish, republish, display, copy, use, distribute, create derivative works from, or otherwise exploit any Open Government Initiative, Inc. logo, artwork, articles or Content from the Site, without obtaining our prior written consent.
Subject to these Terms, we hereby grant to you a personal, non-exclusive, non-transferable, royalty-free, non-sublicensable, revocable, limited license to access, view and use the Site and Services solely for personal and non-commercial use. The Site and Services are provided to you on a temporary basis and we reserve the right to withdraw or restrict access to all or any part of the Site or Services at any time. You agree that Open Government Initiative, Inc. owns and retains all rights to the Services and our Services are for Personal-Use only. You further agree that the Content you access and view as part of the Services is owned, licensed and/or controlled by Open Government Initiative, Inc. The Services and the Content are protected by copyright, trademark, and other intellectual property laws. Nothing contained in this Agreement or on the Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Content in any manner not expressly contemplated herein without the prior written consent of Open Government Initiative, Inc. or such third party that may own the Content or intellectual property displayed on the Services. Unauthorized use, copying, reproduction, modification, publication, republication, uploading, framing, downloading, posting, transmitting, distributing, duplicating or any other misuse of any of the content is strictly prohibited. Any use of the Content other than as permitted by this Agreement will violate this Agreement and may infringe upon our rights or the rights of the third party that owns the affected Content.
If you choose to promote the Site or Services to the public, including via your own personal social networks and social media, you agree that you will comply with the Federal Trade Commission’s (“FTC”) Guidelines Concerning the Use of Testimonials and Endorsements in Advertisement available from the FTC.
You agree to report any violation of this Agreement by others that you become aware of. You are advised that Open Government Initiative, Inc. will aggressively enforce its rights to the fullest extent of the law.
c. Content Quality
Open Government Initiative, Inc. uses various technologies to provide you with an optimal digital experience. That said, quality of Content, including resolution, may be affected by the format of the Content, your location, the speed and bandwidth of your internet service, and the devices used, among other factors. As a result, Open Government Initiative, Inc. is unable to make any warranties about the Content in these respects. Your experience using the Site and Services may be affected by many factors such as your device hardware, location, available bandwidth and/or speed of your internet connection. The Site and Services are provided “as-is” and “as available” and Open Government Initiative, Inc. does not guarantee or promise any specific results from use of or continuous availability of the Site and Services.
3. Donations And Contributions
a. General Information
Open Government Initiative, Inc. accepts donations to support its mission, programs, and initiatives. Donations can be made via the website or other approved methods provided by Open Government Initiative, Inc., which are currently Donorbox and Givebutter.
All donations made to the Nonprofit are voluntary and made with the understanding that the donor is contributing to the general support of the organization’s mission and not for a specific purpose unless otherwise agreed.
Donors may receive a confirmation, subject to applicable tax laws.
Donations may be one-time or recurring, depending on the options available on the donation platform.
As a 501(c)(4) nonprofit, we are required by the Federal Election Commission (FEC) and Oklahoma state regulations to collect the following information from all our donors and report it back to them: (1) Are you a U.S. citizen? and (2) What is your occupation?
b. Donation Processing And Payment
Donations are processed through secure payment methods such as credit cards, debit cards, and other payment gateways as designated by Open Government Initiative, Inc. We may use third-party payment processors, which are responsible for securely handling donor information. By making a donation, you agree to abide by the terms and conditions of the payment processor.
c. Refunds
Donations are generally non-refundable. However, if you believe there was an error in your donation, please contact us at info@opengovernmentok.com. Refunds may be issued in specific cases at the sole discretion of Open Government Initiative, Inc., particularly in cases of erroneous charges or duplicate donations.
d. Tax Deductions
Open Government Initiative, Inc. is a registered 501(c)4) non-profit organization. Donations to Open Government Initiative, Inc. are not tax-deductible by law.
e. Acknowledgment Of Donations
Open Government Initiative, Inc. will acknowledge all donations in accordance with applicable legal requirements and will send acknowledgement receipts for donations made for tax deduction purposes.
(a) Donors will receive a written acknowledgment of their contributions, including the amount of the donation and the date received.
f. Privacy And Security
Personal information provided for donation purposes will be processed in accordance with our Privacy Policy. Open Government Initiative, Inc. takes reasonable precautions to protect donor data but cannot guarantee complete security of personal and payment information. By making a donation, you agree to the terms set forth in our Privacy Policy and acknowledge that online donations carry inherent risks regarding data security.
4. Mobile Access And Notifications
By consenting to Open Government Initiative, Inc.’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Open Government Initiative, Inc. through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).
You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Open Government Initiative. Your participation in this program is completely voluntary.
We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.
You may opt-out of the Service at any time. Text the single keyword command STOP to +18444330532 or click the unsubscribe link (where available) in any text message to cancel. You’ll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Open Government Initiative mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective Terms.
For Service support or assistance, text HELP to +18444330532 or email info@opengovernmentok.com.
We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.
5. Additional Terms
Your use of certain Services or participation in sweepstakes, contests, or promotions (collectively, “Promotions”) may be subject to additional terms and conditions or rules (“Additional Terms”). Where Additional Terms apply, we will make them available for you to read before you use that Service or participate in the Promotion. By using the Services or participating in such Promotion, you agree to the Additional Terms.
6. Password And Account Security
You may create your own account on the Site by completing the online registration process on the Site. In doing so, you must provide us with accurate and complete registration information, and update it if this information changes. You agree that you will not register under the name of another person, choose a username that is vulgar, profane or otherwise offensive, choose a username that impersonates or suggests representation of another person or entity, or choose a username that includes a solicitation.
If you create an account, we will assign you, or allow you to select, a password. You must keep your password confidential, and you may not permit any other person to use your password or your account to view Open Government Initiative, Inc. or for any other purpose. You are responsible for all uses of your account, including use of your account by other members of your household. By allowing others to access your account or to create profiles within your account, you agree to be responsible for ensuring that they comply with this Agreement and you agree to be responsible for their activity using the Services. You will be responsible for all use of your password, including, without limitation, any use by any authorized or unauthorized third party. You must notify us immediately if you believe your password may be used by any unauthorized person or entity. For security purposes, we recommend you change your password often. Under no circumstance should you respond to a request for your password. Our staff will never ask for your password. You must notify us immediately if you receive such a request. We reserve the right to suspend or terminate your use of the Site if we believe that your password is being used without permission or otherwise in a manner that may disrupt the Site.
7. Subscriptions And Renewal Terms; Refund And Cancelation Policies
You are not required to purchase an Open Government Initiative, Inc. subscription in order to view the Site or use the Service. However, without a Open Government Initiative, Inc. subscription, you will not be able to view Open Government Initiative, Inc. exclusive content and receive exclusive perks. If you purchase a Open Government Initiative, Inc. subscription, you will be able to view all of the Open Government Initiative, Inc. exclusive content via the Site and the Services and receive exclusive perks during the applicable subscription period. We make no guarantee as to the availability of any particular content or perks.
When you purchase a subscription through the Site or the Services, you agree to pay the applicable subscription fee, as well as any applicable taxes and renewal charges as described below. If we are unable to charge your credit card or other payment method, your subscription will automatically terminate.
We may increase our subscription prices at any time, however, we will give you at least thirty (30) days’ advance notice of any price increase, and the price increase will not apply until your current subscription period has concluded. This will give you an opportunity to cancel your subscription, as described below, before the price increase takes effect. The Open Government Initiative, Inc. subscription fee covers access to Open Government Initiative, Inc. only; you are responsible for your own data fees and internet service provider fees.
a. Free Trial Period
Your subscription may begin with a free trial; provided, however you may only sign up for a free trial one time every 365 days. We will begin charging for your selected subscription at the end of the free trial period and the date of such charge will be considered your purchase date for purposes of subscription period calculations. You may not receive a notice from us that your free trial period has ended. To avoid being charged, you must cancel your subscription before the end of the free trial period.
b. Cancelation Policy
You can cancel your subscription by emailing info@opengovernmentok.com or, depending upon your jurisdiction, by navigating to the My Account page of the Site, scrolling down to the My Subscription section, and clicking on the “Cancel Subscription” button.
c. Promotional Code
If you use a promotional code or “promo code” to obtain a Open Government Initiative, Inc. subscription at a discounted price, the discount applies only during the initial subscription period and does not apply to renewal periods. All renewals will be charged at the then-current subscription price.
d. Payment Processor
Payment is made to Open Government Initiative, Inc. using PayPal, Stripe, Woocommerce, Givebutter, and Donorbox payment processors. Questions concerning payment processing for subscribers can be addressed via email to info@opengovernmentok.com.
e. Monthly Subscription and Monthly Auto-Renew
Your monthly subscription will automatically renew every fourth week commencing from your purchase date. You must cancel your subscription before the renewal date to prevent the next charge to your credit card or other payment method. You can see the next time your credit card or other payment method will be charged at any time by navigating to the My Account page of the Site and scrolling down to the My Subscription section. You can also view or change your payment method by navigating to the My Account page on the Site and scrolling down to the My Billing and Payment Info section. Notwithstanding the foregoing, we may elect in our sole discretion not to renew your subscription. We make no guarantee as to the availability of any particular episode or content of Open Government Initiative, Inc. or the total number of episodes or amount of content to be broadcast.
f. Canceling Your Monthly Subscription
You can cancel your monthly subscription at any time by emailing info@opengovernmentok.com. Additionally, depending upon your jurisdiction, you may cancel your monthly subscription at any time by navigating to the My Account page of the Site, scrolling down to the My Subscription section, and clicking on the “Cancel Subscription” button. If you cancel your monthly subscription within the first 15 days of your subscription or renewal and if you have not received a subscription refund from us during the prior 365 days, you will receive a refund of your most recent payment. If you cancel your monthly subscription after the first 15 days of your subscription or renewal, or if you have already received a subscription refund from us during the prior 365 days, you will not receive any refund and we will stop charging your account prior to the following four-week billing cycle, so your access will continue for the remainder of the current four-week period. Except as noted in this paragraph, all charges for monthly subscriptions are nonrefundable.
g. Yearly Subscription and Annual Auto-Renew
Your yearly subscription will automatically renew at the end of each subscription year commencing from your purchase date. You must cancel your subscription before the renewal date to prevent the next charge to your credit card or other payment method. You can see the next time your credit card or other payment method will be charged at any time by navigating to the My Account page of the Site and scrolling down to the My Subscription section. You can also view or change your payment method by navigating to the My Account page on the Site and scrolling down to the My Billing and Payment Info section. Notwithstanding the foregoing, we may elect in our sole discretion not to renew your subscription. We make no guarantee as to the availability of any particular content.
h. Canceling Your Yearly Subscription
You can cancel your yearly subscription at any time by emailing info@opengovernmentok.com. Additionally, depending upon your jurisdiction, you may cancel your yearly subscription at any time by navigating to the My Account page of the Site, scrolling down to My Subscriptions, and clicking on the “Cancel Subscription” button. If you cancel within the first 15 days of your subscription or renewal and if you have not received a subscription refund from us during the prior 365 days, you will receive a refund of your most recent payment. If you cancel your subscription after the first 15 days of your subscription or renewal or if you have already received a subscription refund from us during the prior 365 days, you will not receive a refund and we will stop charging your account prior to the following one-year renewal period. Your access will continue for the remainder of the current subscription year. Except as noted in this paragraph, all charges for annual subscriptions are nonrefundable.
i. Canceling Your Subscription
You can cancel your subscription at any time by mailing info@opengovernmentok.com. Additionally, depending upon your jurisdiction, you may cancel your three-year subscription at any time by navigating to the My Account page of the Site, scrolling down to My Subscriptions, and clicking on the “Cancel Subscription” button. If you cancel within the first 15 days of your subscription and if you have not received a subscription refund from us during the prior 365 days, you will receive a refund of your most recent payment. If you cancel after the first 15 days of your subscription or if you have already received a subscription refund from us during the prior 365 days, you will not receive a refund, but your access will continue for the remainder of the subscription term. Except as noted in this paragraph, all charges for three year subscriptions are nonrefundable.
8. Accuracy Of Data
We make no claims or promises about the quality, accuracy, or reliability of any content available on or through the Site or Services. We are not liable for any loss or damage that might arise from your reliance on any content available on or through the Site or Services.
9. Digital Millennium Copyright Act (DCMA)
We respect the intellectual property rights of others. Upon proper notice, we will remove applicable content that violates copyright law and terminate the accounts of repeat infringers. Pursuant to 17 U.S.C. § 512, we have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe your work has been copied in a way that constitutes copyright infringement, please send our copyright agent (listed below) a notification of claimed infringement with all of the following information:
identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Site;
information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
your physical or electronic signature.
Please send all of the above enumerated information via email to the following copyright agent:
Copyright Manager
Open Government Initiative, Incorporated
info@opengovernmentok.com
10. Links
Our Site and Services may contain links to other websites. A link to a third party’s website does not mean that we endorse it or that we are affiliated with it. We are not responsible or liable for any damage or loss related to the use of any third-party website. You should always read the terms and conditions and privacy policy of a third-party website before using it.
11. Changes And Corrections To The Site Or Services
We enhance and update the Site and Services often. We may change or discontinue the Site or any Services, with or without notice to you. If we change or discontinue a Service for which you have an active paid subscription and the change/discontinuation will impact your auto-renewal of the Service (such as if we increase the price of a Service or discontinue and transition customers from one Service to another), we will send a notice to you at the email address we have on file at least 30 days before your next auto-renewal. We reserve the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. We do not guarantee the continued availability of any content or features of the Site or Services.
12. Termination
We reserve the right not to provide the Site or Services to any user. We also reserve the right to terminate any user’s right to access the Site or Services at any time, in our sole discretion. If you violate any of the Terms, as determined by us in our sole discretion, your permission to use the Site and Services automatically terminates and you forfeit any right you may have to a refund.
13. Disclaimer And Limitations On Our Liability
You use the site and services at your own risk. The site and services are provided on an “As is” and “As available” basis. To the fullest extent permitted by applicable law, Open Government Initiative, Inc. and its affiliates, distributors and licensees, and their respective officers, employees, managers, directors, shareholders, members, parents, subsidiaries, corporate affiliates, agents and licensors (referred to collectively as “Affiliates”) disclaim all warranties of any kind, express or implied, with respect to the site and services (including the implied warranties of merchantability, fitness for a particular use or purpose and non- infringement).
In particular, Open Government Initiative, Inc. and its affiliates make no representations or warranties about the availability, quantity, accuracy or completeness of content available on or through the site or services (including, without limitation, any comments or other content available on or through the site or services) or the content of any websites or resources linked to the site or services. Open Government Initiative, Inc. and its affiliates will have no liability for any: (a) errors, mistakes, or inaccuracies of content; (b) personal injury or property damage resulting from your access to or use of the site or services; (c) any unauthorized access to or use of our servers or of any personal or financial information; (d) any interruption of transmission to or from the site or services; (e) any bugs, viruses, trojan horses, or the like which may be transmitted on or through the site or services by any third party; or (f) any loss or damage of any kind incurred as a result of the use of any content posted, e-mailed, transmitted, or otherwise made available on or through the site or services.
Except as expressly provided in these terms or in any applicable additional terms, Open Government Initiative, Inc. and its affiliates do not warrant, endorse, guarantee, or assume responsibility for any third-party product or service recommended, advertised or offered for sale on or through the site or services or any linked website.
To the fullest extent permitted by applicable law, neither Open Government Initiative, Inc. nor its affiliates will be liable under any theory of liability for any indirect, incidental, special, consequential or exemplary damages, including, damages for loss of revenues, profits, goodwill, use, data, or other intangible losses (even if such parties were advised of, knew of or should have known of the possibility of such damages), arising from or relating to use of the site or services.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent Open Government Initiative, Inc. may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Open Government Initiative, Inc.’s liability will be the minimum permitted under such law.
14. Indemnification
You agree to indemnify, defend, and hold harmless Open Government Initiative, Inc. and its Affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, fees of any kind (including reasonable attorneys’ fees and legal costs), arising from or relating to: (a) any information (including feedback or any other content) that you or anyone using your account submit, post, or transmit through the Site or Services; (b) the use of the Site or Services by you or anyone using your account; (c) the violation of these Terms by you or anyone using your account; or (d) the violation of any rights of any third party, including intellectual property, privacy, publicity, or other proprietary rights by you or anyone using your account. We reserve the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. If we do assume the defense of such a matter, you will reasonably cooperate with us in such defense.
15. Other Provisions
Under no circumstances will we be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond its reasonable control.
These Terms will be governed by and construed in accordance with the laws of the State of Oklahoma, without giving effect to any conflict of laws rules or provisions.
Any controversy, claim, or dispute arising out of or related to these Terms (or the interpretation, performance, or breach of them), the Site or the Services, including but not limited to alleged violations of state or federal statutory or common law rights or duties (a “Dispute”) shall be solely and exclusively resolved according to the procedures set forth in this paragraph. If we are unable to resolve any Dispute through informal means, either party may initiate binding arbitration of such Dispute. The arbitration shall be initiated and conducted according to the JAMS/Endispute Comprehensive Arbitration Rules and Procedures in effect as of the date hereof, including the Optional Appeal Procedure provided for in such rules (the “Arbitration Rules”). The arbitration shall be conducted in Oklahoma, before a single neutral arbitrator appointed in accordance with the Arbitration Rules. The arbitrator’s decision shall be controlled by these Terms and any of the other agreements, including any applicable Additional Terms. No Disputes may be arbitrated on a class or representative basis; arbitration can decide only the individual Dispute and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. By entering into these terms, you hereby irrevocably waive your right to a jury trial and any right you may have to join claims with those of others in the form of a class action or similar procedural device. Any claims arising out of, relating to, or connected with these terms must be asserted individually. The arbitrator shall not have the power to award punitive damages against any party. Without limiting the foregoing, any lawsuit filed relating to these Terms, the Site, Services, or your relationship with us, must be filed in the state or federal courts sitting in Oklahoma and you agree to irrevocably submit to the exclusive personal jurisdiction of such courts.
If any provision of these Terms is found to be unlawful, void, or unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity or enforceability of any remaining provisions. It is the parties’ intention that the court or arbitrator modify such invalid provision to give it the fullest effect permissible under applicable law.
Our failure to enforce any right or provision of these Terms will not act as a waiver of such right or provision and will not prevent us from enforcing such right or provision or any other right or provision in the future.
These Terms, and any rights and licenses granted to you hereunder, may not be transferred or assigned by you without our written permission. We may assign or transfer our rights, licenses, and obligations under these Terms without restriction, including without limitation in connection with a merger, acquisition, a sale of assets or by operation of law.
16. Third Party Advertisements And Services
Open Government Initiative, Inc. takes no responsibility for and does not endorse any third party advertisements or any third party material posted on any Access Point where the Services are available, nor do we take any responsibility for the products or services provided by advertisers. Any dealings you have with advertisers while using the Services, including through engaging with interactive advertisements, are between you and the advertiser, and you agree that Open Government Initiative, Inc. is not liable for any loss or claim that you may have against an advertiser. If you provide any confidential or personal information or engage in any transaction through an advertisement, Open Government Initiative, Inc. is not responsible for such information or transaction and we encourage you to read the terms of use and privacy policy of the advertiser or other party collecting such information or engaging in such transaction.
17. Privacy Policy
Before you continue using our website we advise you to read Open Government Initiative, Inc.’s Privacy Policy regarding our user data collection and use of your information. It will help you better understand our practices.
The Privacy Policy is incorporated by reference and made part of this Agreement. Thus, by agreeing to this Agreement, you agree that your use of or presence on the Site, application and other places where any Services are available and use of theServices through any other Access Point are governed by the Open Government Initiative, Inc. Privacy Policy in effect at the time of your use.
You acknowledge, consent and agree that Open Government Initiative, Inc. may access, preserve or disclose information you provide to or through Open Government Initiative, Inc. or that we have collected about you, including registration information and User Content, when Open Government Initiative, Inc. has a good faith belief that such access, preservation or disclosure is necessary in order to: (i) protect, enforce, or defend the legal rights, privacy, safety, or property of Open Government Initiative, Inc., our parents, subsidiaries or affiliates, or their employees, agents and contractors (including enforcement of this Agreement or our other agreements); (ii) protect the safety, privacy, and security of users of Open Government Initiative, Inc. or members of the public, including in urgent circumstances; (iii) protect against fraud or for risk management purposes; (iv) comply with Applicable Law or legal process; or (v) respond to requests from public and government authorities. If Open Government Initiative, Inc. sells all or part of its business or makes a sale or transfer of its assets or is otherwise involved in a merger or transfer of all or a material part of its business, Open Government Initiative, Inc. may transfer your information to the party or parties involved in the transaction as part of that transaction.
a. User Account
If you are an owner of an account on this website, you are solely responsible for maintaining the confidentiality of your private user details (username and password). You are responsible for all activities that occur under your account or password. We reserve all rights to terminate accounts, edit or remove content and cancel orders in their sole discretion.
18. Communications
The entire communication with us is electronic. Every time you send us an email or visit our Site, you are going to be communicating with us. You hereby consent to receive communications from us. If you subscribe to the news on our website, you are going to receive regular emails from us. We will continue to communicate with you by posting news and notices on our website and by sending you emails. You also agree that all notices, disclosures, agreements and other communications we provide to you electronically meet the legal requirements that such communications be in writing.
a. Comments, Reviews, and Emails
Visitors may post content as long as it is not obscene, illegal, defamatory, threatening, infringing of intellectual property rights, invasive of privacy or injurious in any other way to third parties. Content has to be free of software viruses, political campaign, and commercial solicitation.
Open Government Initiative, Inc. does not endorse the User Content in the Comments or Forums and specifically disclaims any responsibility or liability to any person or entity (including, without limitation, persons who may use or rely on such material) for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character based upon or resulting from any User Content provided through a Forum.
We reserve all rights (but not the obligation) to remove and/or edit such content. When you post your content, you grant [name] non-exclusive, royalty-free and irrevocable right to use, reproduce, publish, modify such content throughout the world in any media.
19. Removal Of Material That Infringes Copyrights
We respect the intellectual property of others and require that our users do the same. Open Government Initiative, Inc. has a policy that provides for the termination in appropriate circumstances of users and subscription holders of Open Government Initiative, Inc. Site and Services who are repeat infringers. Open Government Initiative, Inc. also reserves the right to remove or disable access to any transmission of Content that infringes the copyright of any person under the laws of the United States upon receipt of a notice that substantially complies with the requirements of 17 U.S.C. § 512(c)(3) as set forth above.
If you believe that any materials residing on or linked to from Open Government Initiative, Inc. Site and Services infringes your copyright, you must send a written notification of claimed infringement that contains substantially all of the following information to the Open Government Initiative, Inc. Copyright Agent: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit Open Government Initiative, Inc. to locate the material on the Open Government Initiative, Inc. Site and Services (such as the URL(s) of the claimed infringing material); (c) information reasonably sufficient to permit Open Government Initiative, Inc. to contact you, such as an address, telephone number, and an email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or Applicable Law; (e) a statement by you that the above information in your notification is accurate and a statement by you, made under penalty of perjury, that you are the owner of an exclusive right that is allegedly infringed or are authorized to act on the owner’s behalf; and (f) your physical or electronic signature. Open Government Initiative, Inc.’s Copyright Agent for notification of a claimed infringement can be reached as follows: Copyright Agent at info@opengovernmentok.com.
Please note that, under 17 U.S.C. §512(f), any person who knowingly makes material misrepresentations in a notification of claimed infringement or any counter-notification may be liable for damages.
20. How To Cancel Subscription
You can cancel your subscription by emailing info@opengovernmentok.com.
21. How To Delete Your Account
You can delete your user account on our Site at any time by navigating to your Account page of the Site, scrolling down to the Delete Account section, and clicking on the button to delete your account. Reach us at info@opengovernmentok.com if you need assistance.
22. Unpaid Amounts
It is important that each subscriber honor the payment obligations to which the subscriber agreed. Accordingly, we reserve the right to permit the Payment Service to retry billing your Payment Method after failed attempts (e.g., if your Payment Method is rejected). We also reserve the right to permit the Payment Service or another third party to pursue any amounts you fail to pay in connection with your subscription. You will remain liable for all such amounts and all costs incurred in connection with the collection of these amounts, including, without limitation, bank overdraft fees, collection agency fees, reasonable attorneys’ fees, and arbitration or court costs.
23. Disputes
By visiting this Site and using our Services, you agree that the laws of Oklahoma, without regard to principles of conflict laws, will govern these terms of service, or any dispute of any sort that might come between Open Government Initiative, Inc. and you, or its business partners and associates. Any dispute related in any way to your visit to this Site or Services you purchase from us shall be arbitrated by the state of Oklahoma or federal court and you consent to exclusive jurisdiction and venue of such courts. You agree that any cause of action you may have arising out of or related to this agreement or the Open Government Initiative, Inc. services must be commenced within one (1) year after such cause of action accrues. After such period, the conduct complained of shall become incontestable and such cause of action shall be permanently barred.
24. Contact Us
If you would like to contact us with any questions regarding this Agreement, please contact us here.
Open Government Initiative, Incorporated
info@opengovernmentok.com
25. Terms Of Services Changes
Periodically, we may change these Terms of Services. If we decide to change this Agreement, we will inform you by posting the revised Terms of Services on the Site. Those changes will go into effect on the Revision Date shown in the revised Terms of Services. You should look at this Agreement regularly. Your continued use of our Site or Services constitutes your consent to the revised Terms of Services. Your continued use of our Site and Services following any modification constitutes your acceptance of and agreement to be bound by this Agreement as so modified.
