General Terms

Acceptance of Terms of Service

This Agreement is legally binding and describes the terms governing your use of the 1CALL Cloud services provided on this website, including content, updates, and releases. It also includes our Privacy Statement provided to you in the Services available on the website or provided to you otherwise.

You represent and warrant that you are at least 18 years of age and that you possess the legal right and ability to enter into this Agreement. By accessing or using our Services you agree that you will comply with this Agreement and all applicable local, state, national, and international laws, rules and regulations.

Your Rights to Use the Services

You acknowledge and agree that UHAT owns all right, title and interest in the Services and the website, including, without limitation, all intellectual property rights. You acknowledge and agree that the Services described herein are protected by copyright, trade secret, and other intellectual property laws. You are only granted the limited license to use the Services and only for the purposes described by UHAT. UHAT reserves all other rights in the Services. UHAT reserves the rights to revoke your registration at its sole discretion pursuant to the terms of this Agreement. You acknowledge and agree that your limited license to use the Services is only valid so long as you comply with this Agreement.

You agree not to use, nor permit any third party to use, the Services or content in a manner that violates any applicable law, regulation, or any portion of this Agreement. You are wholly responsible for the contents of your transactions through the Service. Additionally, you agree you will not:

• Provide access to any other person of than yourself to your account or login information.
• Reproduce, modify, copy, sell, trade, lease, rent, or resell the Services.
• Decompile, disassemble, or reverse engineer the Services.
• Make the Services available on any file-sharing or application hosting service.

Your Personal Information

By accepting this agreement, you are acknowledging that you have read and agree to the Privacy Statement provided with the Services and on the website for the Services. You further agree to periodic review of the Privacy Statement, and to abide by any changes published to that Statement by UHAT. You agree that we may use and maintain your data according to the Privacy Statement, as part of the Services. You further consent that UHAT has your permission to combine identifiable and non-identifiable information you enter or upload to the Services with that of other users of the Services and/or other UHAT services. For example, this means that we may use your and other users’ non-identifiable, aggregated data to improve the Services.

Content and Use of the Services

Responsibility for Content and Use of the Services

By making your Content available through your use of the Services, you grant us a worldwide, royalty-free, non-exclusive license to host your Content. You are responsible for any lost or unrecoverable Content. You must provide all required and appropriate warnings, information, and disclosures we are not responsible for any of your Content or data that you submit through the Services. As used in this Agreement, “Content” means any data, information, materials, text, graphics, images, music, software, audio, video, works of authorship of any kind, that are uploaded, transmitted, posted, generated, stored, or otherwise made available through the Services, which will include without limitation any Content that account holders (including you) provide through your use of the Services.

Electronic Signature/Counterparts

You acknowledge and agree that documents to be signed in connection with the Services may be signed electronically by use of an electronic signature. Use of an electronic signature, for the purposes of validity, enforceability, and admissibility, shall be conclusive evidence of your intention to be legally bound as if such signature had been written by hand, pursuant to the Oklahoma Uniform Electronic Transactions Act. You acknowledge and agree that the Services may require execution of agreements or other contracts in one or more counterparts, each of which shall be deemed to be an original and all of which together shall constitute one and the same agreement or contract. A counterpart bearing an electronic signature shall satisfy the requirements of this provision. This provision specifically applies to a your use of UHAT’s 1CALL Cloud system. 1CALL Cloud is a cloud-based facility management system used to manage all UHAT Title 61 Construction projects, Title 74 acquisition and purchasing projects, and facility management requests. Your 1CALL Cloud user account consists of your (the registrant’s) email address and password, serves as the registrant’s official signature for purposes of using the 1CALL system. Once registered, you are responsible and accountable for all documents signed using that email address and password. You agree and acknowledge that no certification authority or other third-party verification is necessary to validate an electronic signature, and that the lack of such certification or third-party verification will not in any way affect the enforceability of an electronic signature or any resulting agreement between you and the 1CALL Facility Services or UHAT. By selecting the “I Accept” or “Approve” button, you agree to be bound by any digital documents, to include but not limited to, construction contracts, change orders, service agreements or lease agreements created, managed and stored by 1CALL Cloud. 1CALL Cloud user accounts and emails are required to receive and sign all digital documents. Each 1CALL Cloud user account is created using an email and the password known only to the system account holder. In all cases, the name of the authorized signatory shall be identified as visible on the document.

Restricted Use of the Services

By making your Content available through your use of the Services, you grant us a worldwide, royalty-free, non-exclusive license to host your Content. You are responsible for any lost or unrecoverable Content. You must provide all required and appropriate warnings, information, and disclosures we are not responsible for any of your Content or data that you submit through the Services. As used in this Agreement, “Content” means any data, information, materials, text, graphics, images, music, software, audio, video, works of authorship of any kind, that are uploaded, transmitted, posted, generated, stored, or otherwise made available through the Services, which will include without limitation any Content that account holders (including you) provide through your use of the Services.

You agree not to use, nor permit any third party to use, the Services to upload, post, distribute, link to, publish, reproduce, engage in, promote or transmit any of the following, including but not limited to:

• Medical record data that falls under the Health Insurance Portability and Accountability Act (HIPAA) including Protected Health Information (PHI);
• Education data or records that fall under the Federal Educational Rights and Privacy Act (FERPA);
• Illegal, fraudulent, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing, offensive, inappropriate or objectionable information or communications of any kind, including without limitation conduct that is excessively violent, incites or threatens violence, encourages would encourage “flaming” others, or criminal or civil liability under any local, state, federal or foreign law
• Content that would impersonate someone else or falsely represent your identity or qualifications, or that may constitute a breach of any individual’s privacy; is illegally unfair or deceptive, or creates a safety or health risk to an individual to the public;
• Except as permitted by UHAT in writing, investment opportunities, solicitations, chain letters, pyramid schemes, other unsolicited commercial communication or engage in spamming or flooding;
• Virus, Trojan horse, worm or other disruptive or harmful software or data; and
• Any information, software, or Content that you do not own or have the right to use which is not legally yours and without permission from the copyright owner or intellectual property rights owners thereof.

You shall not, and shall not permit any users of the Services or any other party to, engage in, solicit, or promote any activity that is objectionable or may be illegal, violates the rights of others, is likely to cause notoriety, harm or damage to the reputation of UHAT or could subject UHAT to liability to third parties, including: (i) unauthorized access, monitoring, interference with, or use of the Services or third party accounts, data, computers, systems or networks; (ii) interference with others’ use of the Services or any system or network, including mail bombing, broadcast or denial of service attacks; (iii) unauthorized collection or use of personal or confidential information, including phishing, pharming, spidering, and harvesting; (iv) viewing or other use of any Content that, in UHAT’s opinion, is prohibited under this Agreement; (v) any other activity that places UHAT in the position of fostering, or having potential or actual liability for, illegal activity in any jurisdiction; or (vi) attempting to probe, scan, penetrate or test the vulnerability of an UHAT system or network or to breach UHAT’s security or authentication measures, whether by passive or intrusive techniques. UHAT reserves the right to not authorize and may terminate your use of the Services based on reasonable suspicion of your activities, business, products, or services that are objectionable or promote, support, or engage in any of the restricted uses described above.

You shall have no right, title, or interest in and to the Service or in any software related to the Services, which rights of ownership are the sole property of UHAT.

Use of Feedback You Provide

You agree that we may use your feedback, suggestions, or ideas in any way, including in future modifications of the Services, other products or services, advertising, or marketing materials. You grant UHAT a perpetual, worldwide, fully transferable, sub-licensable, non-revocable and royalty free license to use the feedback you provide to us in any way.

Monitor Your Content

UHAT may, but has no obligation to, monitor access to or use of the Services or Content or to review or edit any Content for the purpose of operating the Services, to ensure compliance with this Agreement, and to comply with applicable law or other legal requirements. We may disclose any information necessary to satisfy our legal obligations, protect UHAT or its customers, or operate the Services properly. UHAT, in its sole discretion, may refuse to post, remove, or refuse to remove, or disable any Content, in whole or in part, that is alleged to be, or that we consider to be unacceptable, undesirable, inappropriate, or in violation of this Agreement.

Additional Terms

Communications

UHAT may be required by law to send Communications to you that may pertain to the Services or third-party products and the use of information you may submit to us. You agree that we and others who administer such services (as applicable), may send Communications to you by email and/or may make Communications available to you by posting them at one or more of our sponsored websites, such as https://271call.com, https://uhat.org, or https://1call.cloud. You consent to receive these Communications electronically. As used in this Agreement, the term “Communications” means any notice, record, agreement, or other type of information that is made available to you or received from you in connection with the Services or third-party services.

Account Registration

You represent and warrant that all of the information you provide to UHAT is true, accurate and complete, and that you have legal right to use the email address(es) you provide. You agree to keep your information current by updating your account information. You agree to maintain the confidentiality of your account. You agree to be responsible for all activities that occur under your account.

Password Management

You are responsible for securely managing your password for the Services and to contact UHAT if you become aware of any unauthorized access to your account.

Indemnity

To the fullest extent permitted by law, you are responsible for your use of the Service, and you agree to indemnify and hold UHAT, its affiliates, and its respective officers and employees harmless from and against every claim brought by a third party, and any related liability, damage, loss and expense, including attorneys’ fees and costs, arising out of your: (i) unauthorized use of, or misuse of, the service; (ii) your violation of any portion of this Agreement; (iii) your violation of any third-party right, including intellectual property right or publicity, confidentiality, other property, or privacy right; or (iv) any dispute or issue between you and any third party (collectively referred to as “Claims”). We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of related to any Claims.

Governing Law/Jurisdiction/Disputes

This Agreement shall be governed and construed in accordance with Oklahoma law. Exclusive venue for any dispute arising hereunder is the federal or state courts for Oklahoma City, Oklahoma. In the event of any disputes or Claims, UHAT’s liability shall be governed by the Oklahoma Tort Claims Act. 51 O.S. § 151-172.

Assignability

This Agreement is personal to you, and you may not assign this Agreement or the rights and obligations hereunder to any third party without the prior express written approval of UHAT.

Severability

If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from the Agreement.

Survival of Terms

Any provision of this Agreement which by its nature must survive the termination of this Agreement in order to give effect to its meaning shall survive such termination, including but not limited to the ownership, intellectual property rights and limitations on liability provisions set forth in this Agreement.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT UHAT SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF UHAT HAS BEEN ADVISED OF THE POSSIBILITY THEREOF), AND INCLUDING DAMAGES RESULTING FROM: (i) ANY DOCUMENT OR TRANSACTION SENT THROUGH THE SERVICE WHERE UHAT WAS NOT A DIRECT PARTY; (ii) THE USE OR INABILITY TO USE THE SERVICE, INCLUDING ERRORS, INTERRUPTIONS OR DELAYS; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DOCUMENTS OR TRANSMISSIONS; OR (iv) ANY OTHER MATTER RELATING TO THE SERVICE.

Disclaimer of Warranties

EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE CONTENT ON THE WEBSITE OR SERVICES (INCLUDING BUT NOT LIMITED TO ALL UHAT INTELLECTUAL PROPERTY, TEXT, MATERIALS, SOFTWARE, FUNCTIONS, SERVICES, AND INFORMATION MADE AVAILABLE HEREIN OR ACCESSED BY MEANS HEREOF) IS PROVIDED AS IS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. UNDER NO CIRCUMSTANCES WILL UHAT BE LIABLE IN ANY WAY FOR ANY CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR 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 VIA THE SERVICES. UHAT DOES NOT WARRANT OR GUARANTEE UNINTERRUPTED ACCESS TO THE SERVICES, OR ANY SITE LINKED TO THE SITE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR USE OF THE SERVICES OR INFORMATION PROVIDED IN RELATION THERETO.

Changes

We reserve the right to modify this Agreement, in our sole discretion, at any time. Such modifications may be posted through the Services, on our website for the Services or when we notify you by other means. We may also change or discontinue the Services, in whole or in part. It is important that you review this Agreement whenever we modify it because your continued use of the Services indicates your agreement to the modifications.

Termination

UHAT may, in its sole discretion and without notice, restrict, deny, terminate this Agreement or suspend the Services, related or other Services, effective immediately, in whole or in part, if we determine that your use of the Services violates the Agreement, is improper or substantially exceeds or differs from normal use by other users, raises suspicion of fraud, misuse, security concern, illegal activity or unauthorized access issues, to protect the integrity or availability of the Services or systems or if your use of the Services conflicts with UHAT’s interests or those of another user of the Services. Upon termination, you must immediately stop using the Services.