SAFE HOTLINE Whistleblower Hotline Service, and Ethics Hotline Provider
1-855-662-SAFE
info@SAFEHotline.com
Terms Of Use

TERMS OF USE AGREEMENT

PLEASE READ THE FOLLOWING TERMS OF USE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR WEBSITE AND SERVICES, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR WEBSITE OR SERVICES. THIS TERMS OF SERVICE AGREEMENT IS EFFECTIVE AS OF APRIL 10, 2016.


ACCEPTANCE OF TERMS

The following Terms of Service Agreement (the “TOS”) is a legally binding agreement that shall govern the relationship with our users and others which may interact with SAFE HOTLINE, INC., also known as safehotline.com and our subsidiaries and affiliates, in association with the use of the website, which includes safehotline.com and its services, which shall be defined below.

SUBSCRIBER

1. Safe Hotline, Inc. agrees only to receive and report incidents and concerns to the subscriber’s designated recipients via email as received from the reporting parties and will take no action to address the subject matter or ensure the accuracy, reliability, completeness, timeliness, or validity of any information related to incidents and concerns reported through this system. SAFE HOTLINE, INC. will not provide any identifying information of the reporting parties, unless the reporting parties specifically include their identifying information in the report. The subscriber maintains full responsibility for reviewing, investigating, acting, or not acting, based upon the information submitted by the reporting parties.

2. Subscribers are responsible for communicating reasonable and appropriate use of the service with employees, board members, and others that the subscriber provides with access.

3. The subscriber and Designated Representatives assume full responsibility for ensuring the appropriate parties are informed of the incident or concern. No additional correspondence will be provided to the subscriber regarding incidents or concerns reported.

4. SAFE HOTLINE, INC. is not responsible and provides no guarantee for the accuracy, reliability, completeness, timeliness, or validity of any information related to incidents and concerns submitted anonymously and confidentially by the reporting parties and subsequently reported to the subscriber’s designated recipients.

5. Each subscriber, its officers, directors, owners, employees and agents release SAFE HOTLINE, INC. and its respective members, managers, officers, directors, employees, successors, predecessors, or agents and assigns from any and all liability, claims, actions, causes of actions and damages which relate in any way to SAFE HOTLINE, INC. or the subscriber’s actions or failures to take action as the result of having received, or been available to receive, information related to any anonymous and confidential incident or concern reported.

6. SAFE HOTLINE, INC., its members, managers, officers, directors, employees, successors, predecessors, agents and assigns will not be liable for any loss or injury caused, in whole or in part, by its actions, omissions, or negligence, or for contingencies beyond its control, in procuring, compiling, or delivering information; any errors, omissions, or inaccuracies in the information provided regardless of how caused, or delays or interruptions in delivery of information; or any decision made or action taken or not taken or reliance upon the information furnished.

7. Under no circumstances shall SAFE HOTLINE, INC. be liable for any losses or damages whatsoever, whether in contract, tort or otherwise, from the use of, or reliance on, the information received by the reporting parties.  SAFE HOTLINE, INC., its members, managers, officers, directors, employees, successors, predecessors, agents and assigns will not be liable for any incidental, direct, indirect, punitive, actual, consequential, special, exemplary or other damages, including loss of revenue or income, pain and suffering, emotional distress or similar damages.

8. Subscribers will pay fees to SAFE HOTLINE, INC. based on the organization’s number of employees. Subscribers are responsible for updating and maintaining the accuracy of their account information using the online account login.

9. SAFE HOTLINE, INC. and the subscriber may cancel the agreement at any time with 30 days written notice. Refunds are at the sole discretion of SAFE HOTLINE, INC., but under no circumstances will refunds be issued for canceling within the first six months of service.

SUBSCRIBER ACCOUNT AND SECURITY

The subscriber shall be responsible for maintaining the secrecy and confidentiality of your password and for all activities that transpire on or within your account. It shall be your responsibility to notify SAFE HOTLINE, INC. immediately if you notice any unauthorized access or use of your account or password or any other breach of security. SAFE HOTLINE, INC. shall not be held liable for any loss and/or damage arising from any failure to comply with this term and/or condition of the TOS.


REPORTING PARTIES

1. SAFE HOTLINE, INC. has entered into an agreement with the subscriber to provide an anonymous and confidential third-party method of reporting certain incidents and concerns regarding the subscriber’s organization that are self-reported by employees, board members, or others that the subscriber provides with access.

2. All information submitted by reporting parties and visitors is voluntary. Submitting information constitutes your consent for SAFE HOTLINE, INC. to use the information for the purpose stated herein and indicates to us you are aware of the Privacy Policy provisions.

3. Unless you identify yourself, all reports received by SAFE HOTLINE, INC. are anonymous. If you wish to remain anonymous, you should not provide any information that may personally identify you. Reports provided to the subscriber will include all information submitted by the reporting parties. SAFE HOTLINE, INC. is not responsible for potential monitoring and/or tracking of information submitted via telephone or internet from within your organization or through equipment provided by your organization.

4. SAFE HOTLINE, INC. does not investigate or resolve issues or concerns submitted by reporting parties. You understand and acknowledge that the sole obligation of SAFE HOTLINE, INC., to you is to receive your report and deliver via email the information you have submitted to the subscriber’s Designated Representatives. Please be advised that the subscriber, and not SAFE HOTLINE, INC., is solely responsible to evaluate the information submitted and to comply with all applicable local, state or federal laws relating to the investigation and protection of the information submitted.

5. Each reporting party and his or her heirs and successors release SAFE HOTLINE, INC. and its respective members, managers, officers, directors, employees, successors, predecessors, or agents and assigns from any and all liability, claims, actions, causes of actions and damages which relate in any way to SAFE HOTLINE, INC. or the subscriber’s actions or failures to take action as the result of having received, or been available to receive, information related to any anonymous and confidential incident or concern reported.

6. SAFE HOTLINE, INC. will not be liable for any loss or injury caused, in whole or in part, by its actions, omissions, or negligence, or for contingencies beyond its control, in procuring, compiling, or delivering information; any errors, omissions, or inaccuracies in the information provided regardless of how caused, or delays or interruptions in delivery of information; or any decision made or action taken or not taken or reliance upon the information furnished. Under no circumstances shall SAFE HOTLINE, INC. be liable for any losses or damages whatsoever, whether in contract, tort or otherwise, from the use of, or reliance on, the information received by the reporting parties.


LINKS

The sites linked to and from the SAFE HOTLINE, INC. website (www.safehotline.com) are not maintained by SAFE HOTLINE, INC. and therefore SAFE HOTLINE, INC. does not assume any responsibility or liability for any communications or materials available at such linked sites. SAFE HOTLINE, INC. does not intend for the links provided on the website to be referrals or endorsements of the linked entities, and are provided for convenience and reference only.

ENFORCEABILITY

If any part of these Terms is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.  You agree that no joint venture, partnership, employment, or agency relationship exists between you and SAFE HOTLINE, INC. as a result of these Terms or your use of this Web Site.

LIMITATIONS

SAFE HOTLINE, INC. is not a substitute for reporting criminal activity to law enforcement or other federal, state, and local regulatory agencies. The services provided by SAFE HOTLINE, INC. are not intended to be an emergency hotline or substitute for calling 911 or other emergency service providers. In the event of an emergency or to report immediate threats to life or property, you should call 911 or local emergency services.

MISREPRESENTATIONS

All subscribers, reporting parties and users acknowledge that the intentional misreporting of any information is strictly prohibited and that the intentional misuse of this service may result in criminal prosecution and/or civil liability.

PROPRIETARY RIGHTS

You do hereby acknowledge and agree that SAFE HOTLINE, INC. and any essential software that may be used in connection with our services shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws.

NOTICE

SAFE HOTLINE, INC. reserves the right at any time it may deem fit, to modify, alter and or discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior notice. Continued use of any part of this website constitutes your acceptance of such changes. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our services, or any part thereof.

CHOICE OF LAW AND FORUM

It is at the mutual agreement of both you and SAFE HOTLINE, INC. with regard to the TOS that the relationship between the parties shall be governed by the laws of the State of Arizona without regard to its conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of or relating to the TOS, or the relationship between you and SAFE HOTLINE, INC., shall be filed within the courts having jurisdiction within the County of Maricopa, Arizona or the U.S. District Court located in said state. You and SAFE HOTLINE, INC. agree to submit to the jurisdiction of the courts as previously mentioned, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts as to venue in such courts.

QUESTIONS

Questions or comments regarding the TERMS OF USE and/or PRIVACY POLICY should be submitted to SAFE HOTLINE, INC. by e-mail to info@SAFEHotline.com