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ARK Learning Portal

Terms of Use

Effective [INSERT] · Version 1.0 · DCS Contract #94421
Draft for review — have an Indiana-licensed attorney review before publishing. Bracketed items need confirmation.

By creating an account, entering an access code, or otherwise using the ARK Learning Portal (the "Platform"), you agree to these Terms of Use. If you do not agree, do not use the Platform.

1. Who may use the Platform

The Platform is an invitation-only service for court-ordered educational programs. Access is limited to participants referred by a court, probation department, or the Indiana Department of Child Services (DCS); court and agency users authorized by ARK; and ARK staff and authorized facilitators. You must be the individual to whom an account or access code was issued.

2. Your account and credentials

3. Acceptable use

You agree not to: access the Platform other than through the interface ARK provides; copy, reproduce, record, scrape, republish, or distribute any Platform content, curriculum, video, assessment, or report; attempt to view or alter another user's data; circumvent identity verification, attendance tracking, or security controls; use automated means or attempt to reverse-engineer the Platform; or use the Platform for any unlawful purpose or in violation of a court order.

4. Proprietary platform — intellectual property

The Platform — including its software, design, curricula, session content, assessments, certificate formats, and the ARK brand and sunburst mark — is the proprietary property of ARK Health and Social Services (ARK Suppliers LLC) and is protected by copyright, trademark, and other laws. No license is granted except the limited, revocable, non-transferable right to use the Platform for its intended court-ordered educational purpose. Unauthorized access, reproduction, or distribution is prohibited and may result in account termination and civil or criminal liability.

5. Program completion and certificates

6. Court and agency users

Court and agency users may access participant records solely for legitimate, case-related purposes connected to a referral. Records accessed are confidential court-related documents. Organization-level access is also governed by the applicable Agency Access Agreement or, for DCS, by DCS Contract #94421. Where those agreements conflict with these Terms, the signed agreement controls for that organization.

7. Privacy

Your use of the Platform is also governed by the ARK Privacy Notice, which explains what information we collect, how we use it, and how it is protected, including handling consistent with HIPAA where applicable.

8. Availability, disclaimers, and limitation of liability

The Platform is provided "as is" and "as available." ARK does not warrant uninterrupted or error-free operation. To the fullest extent permitted by law, ARK is not liable for indirect, incidental, or consequential damages arising from use of the Platform. [Liability cap and full disclaimer language to be set by counsel.] Nothing in these Terms limits any non-waivable rights you have under Indiana or federal law.

9. Suspension and termination

ARK may suspend or terminate access for violation of these Terms, suspected fraud, or at the direction of a referring court or agency. ARK will retain records as required by the DCS contract and applicable law even after access ends.

10. Changes to these Terms

ARK may update these Terms. Material changes will be presented for acknowledgment at next sign-in, and continued use after the effective date constitutes acceptance.

11. Governing law

These Terms are governed by the laws of the State of Indiana, without regard to conflict-of-laws rules. [Venue / dispute-resolution clause to be set by counsel.]

12. Contact

ARK Health and Social Services (ARK Suppliers LLC) · Administrator · [mailing address] · 317-794-2939 · admin@arkhss.com