Privacy Policy

Last Updated: 10/10/2023

This is the privacy policy (“Privacy Policy”) for Provider Services Fund, a tax-exempt 501(c)(3) organization in the state of Oregon, United States (“PSF,” ”us,” “we,” or “our”). The purpose of this Privacy Policy is to describe how PSF collects, uses, and shares certain types of information through our various online interfaces, which includes our organization’s website at https://www.providerfund.org/ (“Site”), and our mobile application (available through Google Play and the Apple Store) (“App”) (collectively, the “Services”).

For the avoidance of doubt, the App is only intended for use in connection with childcare services in the state of Oregon.

Use of the Services is subject to the Terms of Use (available below), and this Privacy Policy is incorporated into and forms a part of the Terms, together with all other terms and policies linked or otherwise referenced within the Terms or our Privacy Policy (collectively, “Policies”), and your use of the Services indicates your consent to those terms.

This Privacy Policy sets forth the terms between PSF and visitors and users of the Services, (collectively “you” or “your”) regarding the collection, use, and other processing of Personal Data from or through the Services.

DEFINITION OF PERSONAL DATA

As used in this Privacy Policy, “Personal Data” means information that can be used to identify you under applicable data privacy laws. The term “Personal Data” can include information such as your name and e-mail address, but can also include indirect identifiers such as your IP address or device identifier.

The term “Personal Data” does not include aggregate information, which is data we collect about the use

of the Services or categories of such users unless it is linked with your other Personal Data.

DATA THAT WE COLLECT; YOUR RESPONSIBILITIES

Some functions of the Services can be used without requiring that you provide any information that would personally identify you. In order to access certain features and benefits of our Services, you may need to submit, or we may collect, certain Personal Data from you. Our purposes for using or otherwise processing Personal Data are described in the section titled “Our Uses of Personal Data” below. We do not collect Personal Data that is not reasonably necessary for or compatible with the purposes described in this Privacy Policy, or with your consent. Except as set forth in this Privacy Policy, or with your consent, PSF will not disclose any of your Personal Data to any third parties.

Generally, you may provide us with two categories of data: User Data and Services Usage Data. The types of information that you may provide in each category, along with the technologies that we use to collect such information, are generally described in the sub-sections below.

You acknowledge and agree that you, not PSF, are solely responsible for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all Personal Data that you submit. By submitting Personal Data to the Services for processing, you acknowledge and affirm that you have provided all notices and obtained all consents necessary, if any, under applicable data protection laws, to provide to PSF, and to permit PSF to access and collect, Personal Data that you submit for the purposes described in this Agreement (including, to the extent that any Personal Data submitted relates to any child/ren under the age of 13, the prior written consent of the child’s parent or guardian). You shall not submit to the Services for processing, or cause to be submitted by any Authorized User, (a) any Content (defined below) containing a social security number, passport number, driver’s license number, or similar identifier, or (b) any other Personal Data that may be subject to additional protections under applicable laws or regulations, including, but not limited to, the Gramm-Leach-Bliley Act (GLBA) or the Health Insurance Portability and Accountability Act (HIPAA).

User Data

“User Data” is the Personal Data that you provide to us directly when you sign up to receive e-mails from us, register for an account, update or change information for your account, download our App, send us e-mail messages, and/or otherwise participate in or use our Services. Any User Data that we receive about you is provided directly by you, or on your behalf, on a voluntary basis. We describe the most common types of User Data that you may expect to provide below:

● Account Registration. If you register for an account on our Services, we ask you to provide your email address and create a password. You may also provide Personal Data such as your full name, photograph, certifications, your time zone, and any other Personal Data that you elect to include in the files and documents that you upload to our Services.

● Customization of the Services. As part of your use of the Services, you may opt (but are not required) to provide information about individuals relating to your childcare services, as follows:

o Children: First, middle, and family name, photograph, birthdate, authorized adults, siblings, and school attendance history.

o Authorized Adult(s): First, middle, and family name, photograph, phone number, relationship type (e.g., whether they have been designated as an emergency contact or are subject to a no-contact order), and drop-off/pick-up history.

o School Staff: First, middle, and family name, email address, photograph, and attendance history.

o Authorized Visitor(s): Name, birthdate (if under 18), purpose of visit, visit history.

● Your Content. Any information, data, documents, graphics, videos, audio files, or other materials uploaded, posted, displayed, shared and otherwise made available by you on or through the Services (collectively, “Content”) will be collected and stored by us for the sole purpose of providing you with the Services. You are solely responsible for your Content. You assume all risks associated with the use and sharing of your Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your Content that makes you or any third party personally identifiable.

● Paid Subscription. If you purchase a paid subscription for our App, we will also collect and process Personal Data such as your payment information to affect that purchase.

● Promotional E-mail Notices. PSF offers users the ability to subscribe and to receive updates events and projects via e-mail. In order to subscribe to these services, you may be required to provide us with Personal Data such as your name and e-mail address.

● Communications with PSF. When you send e-mail messages to PSF, we may receive Personal Data about you, and may use the information provided by you to respond to your communication and/or as described in this Privacy Policy. We may also archive this information and/or use it for future communications with you where we are permitted by law to do so. As the developer of the App, PSF may receive certain data sets from Google Play and the Apple Store, comprising non-personally identifiable aggregated user data about the persons who download the App. Because this data cannot be de-aggregated, used to identify you, or otherwise linked back to you, we do not treat such data as Personal Data

OUR USES OF PERSONAL DATA

In general, we use Personal Data that we collect from you to process your requests, to facilitate your use and our administration and operation of the Services, to provide you with information or services you request, to inform you about events, services, research, and projects we think will be of interest to you, and to learn more about and improve the Site and for the purpose for which information was provided. Some of the ways in which we may use the information that we collect include:

● establishing and managing your PSF account;

● providing you with the services you request and enable the use of features on the Services;

● sending you account-related e-mails;

● contacting you about our or a third party’s training sessions, volunteer opportunities, special events, or other activities;

● responding to your e-mails, submissions, comments, requests for technical support or assistance, or complaints;

● developing, customizing, and improving the Site, the App, and the resources that PSF provides (including without limitation diagnosing technical and service problems, administering our Site; managing our communications; analyzing and enhancing our Services; protecting the security of our networks and information systems; and performing accounting, auditing, invoicing and reconciliation activities in our capacity as a non-profit organization);

● identifying and protecting against fraud, prohibited or illegal activities, as well as potential third-party claims and other liabilities; and

● generally complying with applicable laws, rules, and regulations.

SHARING OF PERSONAL DATA

PSF does not process or disclose Personal Data included in your Content except as required to provide the Services to you (and as specified below), with your consent, or as otherwise required by law. PSF does not process Personal Data for the purposes of targeted advertising or profiling consumers in furtherance of decisions that produce legal effects or effects of similar significance. Further, PSF does not sell or rent Personal Data to third parties, and does not process or disclose Personal Data included in your Content except as required to provide the Services to you (as described in this Privacy Policy, as revised from time to time):

● We may share Personal Data with third parties when you request that we do so or otherwise give your consent.

● From time to time, we may share Personal Data with consultants, vendors, and service providers (“Service Providers”) who assist us in providing our services. These Service Providers may include vendors and suppliers that provide us with technology, services, and/or other content related to the operation and maintenance of the Services. Our Service Providers may access the categories of Personal Data specified in the section “User Data” to the extent necessary to provide their products or services to us. These Service Providers are not authorized by us to use or disclose the information except as necessary to perform services on our behalf or comply with legal requirements.

● PSF may share your Personal Data with various government authorities:

o if we are required to do so by law, regulation, or legal process (such as a courtorder or subpoena);

o in response to requests by government agencies, such as law enforcementauthorities;

o when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss in connection with an investigation of suspected or actual illegal activity; and/or

o if we have a good faith belief that the disclosure is necessary or appropriate to comply with law or legal process. In such cases, we reserve the right to raise or waive any legal objection or right available to us at our discretion.

● We also may share your Personal Data when we believe it is appropriate to investigate, prevent, or take action regarding illegal or suspected illegal activities; to protect and defend the rights, property, or safety of PSF, the Services, our users, or others; to prevent and protect PSF and its users from fraudulent, abusive, unlawful, or unauthorized use of the Services; to otherwise enforce our rights and agreements; and otherwise in connection with our Terms and other agreements, in each case to the extent permitted by applicable laws.

● We reserve the right to disclose or transfer any information we have about you as part of, or during negotiations of, any merger, sale of company assets, or acquisition, or in any other situation where Personal Data may be transferred as one of PSF’s assets.

PROTECTING PERSONAL DATA

We strive to protect your Personal Data while it is under our control. Your account information is accessible online only through the use of a password. PSF uses commercially reasonable administrative, technical, and physical safeguards to protect Personal Data against accidental or unlawful destruction or loss, or unauthorized disclosure, access, or use.

You should be aware, however, that “perfect security” does not exist on the Internet or in any method of storage. To help protect the confidentiality of your Personal Data, you must keep your password confidential and not disclose it to any other person. You are responsible for all uses of the Services by any person using your password. Please advise us immediately if you believe your password has been compromised or misused.

YOUR RESPONSIBILITIES; OPTING OUT OF COMMUNICATIONS

You are responsible for verifying the accuracy of the Personal Data you submit to PSF and ensuring that any Personal Data that you provide is kept up to date for the purposes for which you provide it. Inaccurate information may affect your ability to use the Services, the information you receive when using the Services, and our ability to contact you. For example, your e-mail address should be kept current because that is one of the primary methods that we use to communicate with you.

We only send e-mails to persons who have provided their e-mail addresses directly to us and who have consented to receive communications from us. If you do not wish to receive e-mails from PSF, you may opt out by logging in to your account settings online and updating your contact preferences. Please note that even if you opt out of receiving e-mails from PSF, you may still receive relationship e-mails from us, including responses to e-mails that you sent to us prior to opting out, notices of updates or changes to our policies and procedures, or other messages relating to your account and/or your use of the Services.

Information Retention and Deletion

All Personal Data that we collect will be processed in accordance with this Privacy Policy and our internal retention guidelines. We will retain the Personal Data that you provide for as long as necessary to fulfill the purpose(s) for which it was collected, such as to enable or improve your use of the Site and to allow us to provide the Services to you. You may request to review or delete the Personal Data that you submit to our Services for processing at any time contacting us at info@provider.org. Note, however, that we may retain and use certain Personal Data as necessary in order to comply with applicable laws and our legal obligations, resolve disputes with any parties, and otherwise as needed to provide services to you.

To the extent required by applicable laws, rules, and regulations, you may request that we provide information about our data retention, deletion, and security processes by contacting us as provided in the “Contact Us” section below.

SPECIAL NOTICES

Regarding Use of the Services by Children

The Services are not designed for use by children under the age of 13, nor do we knowingly collect any Personal Data from children under the age of 13. If you are a child under 13, please do not attempt to register for the Services or send any Personal Data about yourself to us.  If you believe that a child under 13 may have provided us with Personal Data, please contact us at info@providerfund.org.

Note, however, that the Services may process Personal Data about children under 13 from time to time, as submitted to the Services by their parents, guardians, and/or caregivers. The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online directly from children who are under 13; as such, all users who submit Personal Data of children under 13 must obtain appropriate consent before providing such Personal Data for processing.

REGARDING OUR EXEMPTION FROM INTERNATIONAL AND STATE DATA PRIVACY LAWS

As of the “Last Updated” date indicated on this page, PSF is not subject to the General Data Protection Regulation of the European Union or the United Kingdom, nor to state-level data privacy laws in the United State (including, without limitation, those effected in California, Connecticut, Colorado, Iowa, Virginia, and Utah).

CHANGES TO THIS POLICY

We may revise and update this Privacy Policy at any time. If we make such revisions, we will provide notice that changes have been made by posting the revised Privacy Policy on the Services and updating the revision date at the top of the Privacy Policy. We encourage you to review our Privacy Policy whenever you visit the Services to make sure that you understand how your Personal Data is being treated.

CONTACT US

Your privacy is important to us. If you have any questions, concerns, or complaints regarding our Privacy Policy or practices, please contact us using the information provided below. We will try to respond to your complaint, inquiry, or information request as we have the capacity to do so.

Provider Services Fund
525 NE Oregon St
Portland, Oregon 97232
info@providerfund.org

Terms of Use

Last Updated: 10/06/2023

These Terms of Use (the “Terms”) govern use by the individual or entity identified on the Account Setup Page (as defined below) (“Customer”, “you”, and “your”) of products, services, and resources provided by Provider Services Fund (“PSF”, “we”, “our”, and “us”), which include (without limitation and as applicable) our website at https://www.providerfund.org/ (the “Site”), our mobile application EducaPro (the “App”), and such other platforms and services that we may operate and make available from time to time which link to these Terms or otherwise incorporate these Terms by reference, as well as any content, information, data, or materials made available by PSF on or through the foregoing, and any updates, fixes, or changes to the foregoing (collectively, the “Services”).

ANY INDIVIDUAL AGREEING TO BE BOUND BY THESE TERMS ON BEHALF OF AN ORGANIZATION OR OTHER LEGAL ENTITY REPRESENTS THAT SUCH INDIVIDUAL HAS THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS.

IMPORTANT DISPUTE RESOLUTION TERMS: THESE TERMS REQUIRE RESOLUTION OF ANY DISPUTE BETWEEN YOU AND PSF ON AN INDIVIDUAL BASIS AND INCLUDES A CLASS ACTION WAIVER. PLEASE SEE

SECTION 12 OF THESE TERMS FOR MORE INFORMATION.

1. Use of the Services; License

a. The App is only intended for use in connection with childcare services in the state of Oregon. Individuals and entities outside of Oregon are not permitted to use the App.
b. License. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use the Services in accordance with these Terms. You are prohibited from any other kind of access or use. All rights and licenses not expressly granted to you in these Terms are reserved.
c. Account Setup. PSF shall enable an account for you based on the information provided in the account set-up process (the “Account Setup Page”) with a username and password for you to access the App (“Account”).
d. Acceptance of Terms. Your access to and use of the Services is conditioned upon your acceptance of and compliance with these Terms. We offer several methods for users to indicate their agreement, including (i) by downloading our App, (ii) by checking the applicable box(es) and clicking the applicable button(s) to indicate that you agree to these Terms in the Account registration form for our App, and/or (iii) or by otherwise using or accessing the Services in any way. If you do not agree with any part of these Terms, then you may not access or use the Services.
e. Customer Contact. By creating an Account, you authorize us to contact about donation opportunities, surveys, and administrative, maintenance, and other e-mails related to the Services. If you don’t want to receive certain emails or notifications from us, you can follow the opt-out instructions included in our emails. Note that you will not be able to opt out of emails or notifications for important notices relating to maintenance or administration of the Services (such as notices regarding your Account).
f. Third-Party Websites and Content. The Services may contain links to other websites (“Third-Party Websites”). Such Third-Party Websites are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the App, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites does not imply approval or endorsement thereof by us. If you decide to leave the App and access or use the Third-Party Websites, you do so at your own risk, and you should be aware these Terms will not govern such access or use.

2. Customer Eligibility. You must be (i) over the age of majority in Oregon and (ii) operating a childcare business in Oregon to use the App. Your mobile device may also be required to satisfy certain system specifications to access or use our App. Specifications and requirements may vary depending on the source that you used to download the App. For more information, please review the information provided in your downloading platform.

3. Use Limitations.

a. You will not: (i) reverse engineer, disassemble, decompile, decode, or adapt the App; (ii) make the App or the content therein (the “Content”) available to third party, (iii) sell, resell, rent or lease the App or the Content, (iv) modify, copy or make derivative works based upon the App or the Content, (v) interfere with or disrupt the integrity or performance of the App, (vi) attempt to gain unauthorized access to the App or its related systems or networks, or (v) use the App in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law. For the avoidance of doubt, Customer cannot use any Content (in whole or in part) in the training of, or workshops for, any third parties (including, without limitation, Customer’s employees, independent contractors, agents, customers, and clients) without PSF’s express prior written consent.
b. Prohibited Uses. The Services are available only for your use in accordance with these Terms. In addition to restrictions discussed in other sections of these Terms, you are prohibited from:

● Posting any User Content (defined below) that is unlawful, harmful to minors, abusive, gratuitously violent, obscene, pornographic, invasive of another’s privacy, or racially, ethnically, or otherwise offensive, hateful, or abusive, and does not encourage conduct that would be considered a criminal offense, and does not give rise to civil liability, violate any law, or is otherwise deemed inappropriate.
● Infringing upon any other party’s patent, trademark, trade secret, copyright, or other intellectual property or other rights.
● Deceiving any other party/ies in any way, such as by impersonating another party or entity, making a fraudulent offer to sell goods, and/or misrepresenting your affiliation with a person or entity.
● Disrupting, interfering, and/or inhibits any other user from enjoying the Services (including any part of the Site, App, and/or PSF Content (defined below)), such as by uploading harmful code (ex.: software viruses, worms, time bombs, corrupted files, Trojan horses) or by using any robot, spider, or other such programmatic or other similar automatic device to obtain information from the Services or otherwise monitor or copy any portion of the Services without our authorization.
● Compiling, downloading, reproducing, duplicating, copying, selling, trading, reselling, or exploiting for any commercial purposes, any portion of the Services and/or its PSF Content, including any user information posted hereupon.
● Modifying, translating, decompiling, disassembling, using reverse engineering, or otherwise attempting to derive the source code for the computer systems and other technology that operate our Services. For purposes of these Terms, “reverse engineering” includes the examination or analysis of the Services to determine the source code, structure, organization, internal design, algorithms, or encryption devices of our Services’ underlying technology.
● Interfering with the servers or networks underlying or connected to the Services or to violate any of the procedures, policies or regulations of networks connected to the Services.
● Otherwise accessing the Services in an unauthorized manner.

4. Modifications of the Terms or the Services. We may make changes to these Terms at any time with or without specific notice to you. From time to time, we may also notify you of changes or updates to the Services using other methods such as push notifications within the Services or email. Any modifications that we make are effective on the date indicated, or if no date is indicated, then immediately upon posting. The most recent date of revision of these Terms is indicated at the top of this page. You are responsible for reading these Terms whenever you access the Services so that you are aware of any modifications. By continuing to use the Services after modifications have been posted, you are agreeing to abide by such amendments to the Terms. If you do not agree to these Terms, your only recourse is to immediately cease your use of the Services. We reserve the right to change, modify, or discontinue any portion of the Services without notice, on a temporary or permanent basis, and you agree that we will not be liable to you or to any third party for any such modification, suspension, or discontinuance.

5. Responsibilities. By creating an Account, you agree to provide an accurate email address where we can contact you, and to otherwise keep your information up to date. You are solely responsible for maintaining the confidentiality of your Account and password, and for all activities occurring under your Account. You agree to let us know if you learn of any unauthorized access to your Account. We are not responsible for any unauthorized access to your Account and/or any consequences that come from your failure to keep your Account information confidential. It is your responsibility to make sure that the Services are compatible with your requirements (including, without limitation, business and system requirements). You are also responsible for ensuring (i) the accuracy, quality, legality, completeness, and integrity of the User Content as well as the means by which you acquired that data; (ii) that the User Content is current, accurate, and complete; and (iii) appropriate review, maintenance, and other processes for your hardware, network, internet connectivity, and software. You acknowledge and agree that PSF does not audit, validate, or verify the data that you submit for processing, and that you are solely responsible for reviewing all PSF Content and ensuring that the PSF Content and the Services are suitable for your purposes before use.

6. Representations and Warranties. You represent and warranty that (i) you have all rights, permissions, and consents necessary to: (a) submit all User Content, including personal information and the personal information of minors, to the Services; and (b) grant PSF the limited rights to process PSF Content as set forth herein, (ii) your use of the Services otherwise complies with these Terms and with all applicable laws, including but not limited to privacy regulations such HIPAA, COPPA and FERPA, or in willful violation of any third party proprietary rights, including, without limitation, any rights of privacy or intellectual property rights.

7. Fees; Termination

a. Fees. Unless otherwise set forth in an Account Setup Page, access to the App may be made available to you on a paid monthly subscription basis (“Subscription”). The day you purchase a subscription is the first day of your billing cycle (“Billing Date”). Your authorized payment method will be charged for the monthly fee applicable to your Subscription on the Billing Date, and on or about each monthly anniversary thereafter, unless you cancel your Subscription in the manner described in subsection (c) below. By providing your authorized payment method and electing to purchase a Subscription, you authorize Apple, or Google (or their respective third-party payment processors), as applicable, to charge your authorized payment method for the monthly fees applicable to your Subscription and any applicable taxes, including any recurring fees. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, UNLESS YOU CANCEL YOUR SUBCRIPTION PRIOR TO THE END OF YOUR CURRENT SUBSCRIPTION TERM, THEN FOR EACH RENEWAL SUBSCRIPTION TERM, YOUR AUTHORIZED PAYMENT METHOD WILL AUTOMATICALLY BE CHARGED THE SUBSCRIPTION FEE RATE IN EFFECT AT THE TIME OF SUCH RENEWAL, PLUS ANY APPLICABLE TAXES, ON OR ABOUT THE MONTHLY ANNIVERSARY YOUR BILLING DATE; PROVIDED THAT IF THE MONTHLY SUBSCRIPTION FEE THEN IN EFFECT IS HIGHER THAN THE MONTHLY SUBSCRIPTION FEE PAID BY YOU FOR THE IMMEDIATELY PRECEDING SUBSCRIPTION TERM, WE WILL PROVIDE YOU NOTICE OF THE NEW FEE PRIOR TO THE TIME OF THE RENEWAL. You will reimburse PSF for reasonable attorney fees and costs, court expenses and/or collection agency expenses associated with collecting past due balances under these Terms. All payment obligations under these Terms are non-cancelable and non-refundable. Other than income taxes imposed on us, you are responsible for any applicable taxes, including without limitation, any sales, use, levies, duties, tariffs or any value added or similar taxes payable for the Services assessable by any local, state, provincial, federal, or foreign jurisdiction.
b. Subscription Cancellation. You can cancel your Subscription prior to the next scheduled renewal date of your Subscription by using the cancellation mechanism provided within your Account settings in the Apple App Store or Google Play Store, as applicable. For Subscriptions purchased through the App Store, please see Apple’s support page https://support.apple.com/en-gb/HT202039. For Subscriptions purchased through the Play Store, please see Google Play’s support page https://support.google.com/googleplay/answer/7018481?hl=en-GB If you cancel your Subscription, you may continue to use the App until the end of your then-current Subscription’s term, after which your ability to access and use the App shall terminate. If you cancel your Subscription, then unless required by applicable law, you will not be eligible for a refund of any portion of the Subscription Fee paid for the then-current Subscription’s term. UNINSTALLING THE APP DOES NOT AUTOMATICALLY CANCEL YOUR SUBSCRIPTION.
c. Termination; Suspension. PSF can terminate your Subscription at any time. Either party may terminate any Subscription effected under these Terms (i) upon fourteen (14) days’ written notice of a material breach to the other party if such breach remains uncured at the expiration of such period; or (ii) immediately if the other party becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors that is not dismissed within sixty (60) days of filing. Upon any termination or expiration of your Subscription: (a) all rights, licenses, and authorizations granted herein by either party shall immediately terminate; (b) you shall immediately cease all use of the Services made available through your Subscription; and (c) all unpaid amounts payable by you to PSF under these Terms shall be paid no later than fifteen (15) business days after the effective date of the expiration or termination. Additionally, we reserve the right to restrict or suspend your Account and/or your access to the Services at any time and for any reason. For example, we may suspend or terminate your access if we reasonably suspect that your use of the Services breaches these Terms, or the information provided in connection with your Account is false, inaccurate, not current, or incomplete. We also reserve the right to take reasonable steps to ensure the security of the Services and your Account as we deem advisable.

8. Confidentiality “Confidential Information” means: (i) non-public business or technical information, including product plans, designs, source code, marketing plans, business opportunities, personnel, research, development or know-how (all of the foregoing as they relate to the goods and services of PSF, are PSF’s Confidential Information, and all of the foregoing as they relate to your business, are your Confidential Information); and (ii) information designated by the disclosing party as “confidential” or “proprietary” or which, under the circumstances taken as a whole, would reasonably be deemed to be confidential, that is disclosed by or on behalf of one party to another party in connection with use or provision of the Services under these Terms. Confidential Information shall not include information which: (i) is or becomes generally available to the public other than as a result of wrongful disclosure by the receiving party; (ii) is or becomes available to the receiving party on a non-confidential basis from a third party that rightfully possesses the Confidential Information and has the legal right to make such disclosure; or (iii) is developed independently by the receiving party without use of any of disclosing party’s Confidential Information and by persons without access to such Confidential Information. You and PSF each agree not to use any Confidential Information of the other party for any purpose other than as necessary to perform its and your respective obligations under these Terms, and to hold in confidence, and not disclose (or permit its personnel to disclose) such Confidential Information to any person or entity except to directors, officers, employees, contractors, or advisors (collectively “Representatives”) who have a need to know such Confidential Information in connection with the performance of their duties for the receiving party, provided that any such Representative are bound by a duty of confidentiality no less protective of the disclosing party’s Confidential Information than the terms of this section. During and after the term of your Subscription, neither receiving party will disclose any Confidential Information of the disclosing party to any third party without the prior written consent of the disclosing party, except (i) where such disclosure is necessary for the performance of the receiving party’s obligations under these Terms; or (ii) as may be required by applicable laws, rules, or regulations, provided that the party obligated to make the disclosure shall give the other party advance notice of such requirement to the extent legally permitted.

9. Injunctive Relief. Notwithstanding any other provision of these Terms, both parties acknowledge that any disclosure or use of the disclosing party’s Confidential Information in a manner inconsistent with these Terms may cause the disclosing party irreparable and immediate damage for which remedies other than injunctive relief may be inadequate. Therefore, both parties agree that, in addition to any other remedy to which the disclosing party may be entitled hereunder, at law or equity, the disclosing party shall be entitled to seek an injunction to restrain such use in addition to other appropriate remedies available under applicable law.

10. Content

a. PSF Content. The Services provide users with access to certain information or materials, including without limitation forms, laws, explanations, answers, rules, fees, reports, videos, illustrations, photographs, and/or sound or video clips (collectively, “PSF Content”). Some PSF Content may relate to or discuss compliance with applicable legal standards and guidance and preparation for certification or licensing by the Oregon Department of Early Learning and Care and other government agencies. The Services and the PSF Content are based on our knowledge at the time they were prepared. We do not guarantee that any of the PSF Content will be up-to-date or accurate at any particular point in time. You acknowledge and agree that we do not and cannot guarantee that the PSF Content or the Services will achieve any particular results for you, or that using the Services means that you will meet, comply with or be certified or accepted by any government agencies, licensing bodies, certification organizations, or other third parties, or otherwise meet any requirements with respect to education, compliance, licensing, health and safety, human resources, or accreditation. We have no liability and offer no refunds, deductions or with respect to any outcomes, fines, penalties, or other losses resulting from your use of the Services.
b. User Content. Any information, data, files, or other content that you provide (collectively, “User Content”) which qualifies as “personal data” and/or “personal information” will be processed in accordance with our Privacy Policy (which is available above), and which is incorporated into these Terms by reference. You acknowledge and agree that we are not responsible for User Content provided by you or by a third party, including the accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, and/or quality of such User Content. Notwithstanding the foregoing, we reserve the right, in our sole discretion, to refuse to post, to remove, and/or to change any User Content you submit to or through the Services, and to restrict, suspend, or terminate your access to all or any part of the Services based on your submission of User Content. Restriction, suspension, or termination may take place with or without prior notice to you.

11. Ownership

a. PSF Ownership. Except for User Content that belongs to you, we retain all ownership of and/or applicable rights to our Services and all PSF Content made available to you through the Services. Trademarks and service marks of the Services, including “EducaPro” and “Provider Services Fund”, may not be copied, reproduced, or otherwise used without our prior written authorization.
b. Your Ownership. We do not obtain any ownership rights in User Content that you submit. By submitting User Content to the Services, however, you grant us a non-exclusive, worldwide, sublicensable, royalty-free license to use the User Content you submit, or any portion thereof, without the requirement of any permission from or payment to you or to any other person or entity, in any manner relating to the Services (including, without limitation, rights to use, store, display, publish, reproduce, distribute, and modify your User Content for purposes relating to the Services). Except for the foregoing license, and as otherwise specified herein, you retain all rights to the User Content that you create and post to the Services. You may delete your User Content at any time, subject to the limitations specified in our Privacy Policy. You are solely responsible for the User Content you submit, and assume all risks and liability related to it. For all such Content, you represent and warrant to us that you own the User Content or have the right to submit it and to grant the license granted by you to us in these Terms, and in submitting it you will not be infringing any rights of any third party, including intellectual property rights (such as copyright or trademark), privacy or publicity rights, rights of confidentiality or rights under contract.
c. Feedback. We welcome hearing from our users on ways to improve the Services. Any comments, suggestions, or ideas about the Services that you choose to provide to us (collectively, “Feedback”) will be treated as non-proprietary and non-confidential. By submitting such Feedback to us, you agree that we have the right to use the Feedback in any manner as we see fit (including, without limitation, for commercial, publicity, trade, promotional, or advertising purposes) and in any and all media now known or hereafter devised, without notice, restriction or compensation to you.

12. Privacy and Security. We take your privacy seriously. For details on how we collect and use your personal information, please refer to our Privacy Policy. By accessing our Services, you consent to the collection and use of your personal information as described in our Privacy Policy. We use reasonable security measures that are designed to protect user data from loss, disclosure, misuse, and destruction. Please be aware, however, that no data security measures can guarantee that the Services are free of threats or other vulnerabilities. PSF will not be liable in any manner in the event of data loss, data corruption, or data destruction. You use the Services and transmit information to us at your own risk.

13. Updates to the Services. From time to time, we may (at our sole discretion) develop and provide updates for the Site and/or the App. Our updates may include upgrades, bug fixes, patches, other error corrections, new features, and similar modifications and changes (collectively, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You acknowledge and agree that we have no obligation to provide any Updates or to continue to provide or enable any specific features or functionality for the Services. If you download and use the App, you also agree that you are solely responsible for downloading and promptly installing all Updates for the App (which includes ensuring that Updates to the App are not disabled or otherwise prohibited by your device settings). Using any version of the App which does not include all relevant Updates made available to you may not be secure, may malfunction, or may function improperly.

14. Disclaimer of Warranties: WE PROVIDE OUR SERVICES, INCLUDING ALL PSF CONTENT, TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, PROVIDER SERVICES FUND EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SERVICES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, WE PROVIDE NO WARRANTIES OR UNDERTAKINGS AND MAKE NO REPRESENTATIONS OF ANY KIND THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OPERATE IN A MANNER THAT IS TIMELY, CONTINUOUS, AND WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, BE FREE OF INFECTION OR VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES, WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, BE ERROR-FREE, THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED, OR THAT THE PSF CONTENT THAT MAY BE OBTAINED FROM THE SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE. WE DO NOT GUARANTEE OR WARRANT ANY SPECIFIC OUTCOME FROM OUR SERVICES. WE DO NOT GUARANTEE THAT YOU WILL BE ACCREDITED, CREDENTIALED, OR LICENSED BY ANY SPECIFIC ENTITY OR LICENSING BODY, AND ACCEPT NO RESPONSIBILITY FOR THE ACTIONS OF ANY SUCH ORGANIZATIONS AND SIMILAR THIRD PARTIES. IN NO EVENT SHALL WE BE LIABLE TO YOU FOR THE ACTIONS OF ANY THIRD PARTIES WITH REGARD TO THE SERVICES THAT WE PROVIDE. THE PSF CONTENT AND THE SERVICES MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. Certain jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages. Therefore, some of the preceding disclaimers, exclusions or limitations may not apply to you. To the extent permissible, any implied warranties that are not permitted to be excluded are limited to ninety (90) days or such longer period as applicable law requires.

15. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PSF (INCLUDING, WITHOUT LIMITATION, OUR EMPLOYEES, OFFICERS, REPRESENTATIVES, SERVICE PROVIDERS, SUPPLIERS, LICENSORS, OR AGENTS) BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, INCIDENTAL, OR SPECIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR RELATED TO THESE TERMS AND THE SERVICES. OUR AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS AND THE SERVICES SHALL NOT EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS ($100.00) OR THE AMOUNT YOU HAVE PAID US IN THE PRECEDING (12) MONTHS. You acknowledge that this limitation of liability is an essential term between you and us with respect to our provision of the Services to you (including the Site, the App, and/or any PSF Content, in whole or in part), and we would be unable to provide the Services to you without this limitation.

16. Indemnification. You agree to indemnify, hold harmless and, at our option, defend PSF (including our officers, directors, employees, and agents) from and against all damages, claims, demands, liabilities, losses, costs, and expenses, including reasonable attorney’s fees in connection with or arising out of your violation of these Terms, your use of the Services, any User Content created and/or otherwise provided by you, and/or your violation of any law or the rights of any person or entity. We reserve the right to assume the defense and control of any matter subject to indemnification by you, and you may not settle any matter subject to indemnification without our prior written consent. These obligations will survive any termination of your use of our Services.

17. CLASS ACTION WAIVER. YOU AND PSF EACH AGREE THAT BY ENTERING INTO THESE TERMS, EACH PARTY WAIVES ITS RIGHT TO PARTICIPATE IN A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE ACTION AGAINST THE OTHER IN A COURT OR IN ARBITRATION. FURTHER, YOU AND PSF EACH AGREE THAT EACH MAY BRING DISPUTES AGAINST THE OTHER ONLY IN THEIR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

18. Miscellaneous. The waiver of a breach of any provision of these Terms is not a waiver of any other or subsequent breach. A party’s failure to exercise, or delay in exercising, any right or any power under these Terms will not operate as a waiver of such right or power. If any provision of these Terms is found to be invalid or unenforceable for any reason, the remaining provisions will continue in full effect. These Terms will be construed in accordance with and governed exclusively by the laws of the State of Oregon, and Multnomah County, Oregon will be the place of jurisdiction for all disputes related to these Terms. Each party waives any and all objections to the exercise of jurisdiction over it by such courts and to venue in such courts. Even after your rights under these Terms are terminated, all provisions of these Terms which by their nature should survive, will survive, including, but not limited to, ownership provisions, warranty disclaimers, limitations of liability, and class action waiver terms. These Terms (as amended from time to time) constitute the entire agreement between you and PSF regarding the Services, and supersede any prior agreement or understanding, arrangements, undertaking, or proposal, written or oral, in relation to the subject hereof. Unless otherwise specifically indicated in these Terms, any notices to PSF that are required or permitted under these Terms should be directed to PSF at the following address:

Provider Services Fund, 525 NE Oregon St, Portland, Oregon 97232

and info@providerfund.org. We may give notice to you at the e-mail address associated with your Account on the Services, using such other contact information as you may make available to us, or as otherwise specified herein. In the case of any notices that we are required to provide to you and to other users in relation to the Services, notice will also be deemed to have been received and properly served upon you immediately upon being posted on the Services.