Welcome to Safely Report! Risk Protection Systems, LLC (“we,” “our,” or “us”) owns and provides Safely Report.
Safely Report is an anonymous and confidential third-party method of reporting certain incidents and concerns through a secure website www.safelyreport.com (“Website”) or toll-free number 877-SAFELY-2 [877-723-3592]( (all collectively, the “Service”).
The Terms of Service (“Terms”) govern the use of our Service. It is a legally binding contract between us and any person using the Service for any reason (“you,” “your”). It incorporates our Privacy Policy.
By using the Service, you confirm that you have read, understand, and agree to be bound by these Terms and our Privacy Policy. If you do not agree with the Terms and our Privacy Policy, you may not use the Service.
SAFELY REPORT IS NOT INTENDED TO BE AN EMERGENCY HOTLINE OR SUBSTITUTE FOR CALLING 911 OR OTHER EMERGENCY SERVICE PROVIDERS. SAFELY REPORT IS NOT A SUBSTITUTE FOR REPORTING CRIMINAL ACTIVITY TO LAW ENFORCEMENT. IN THE EVENT OF AN EMERGENCY OR TO REPORT IMMEDIATE THREATS TO LIFE OR PROPERTY, YOU SHOULD CALL 911 OR LOCAL EMERGENCY SERVICES.
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.
1. THE SUBSCRIBERS
1.1. We enter into an agreement with persons and entities (our “Subscribers”) to provide them the Service, through which certain incidents and concerns regarding the Subscriber’s organization (“Reports”) that are self-reported by employees, board members, or persons to which the Subscriber provides access (“Reporters”).
1.2. Pursuant to our agreement with the Subscriber, the Subscriber will have an account on the Service.
1.3. The Subscriber will self-select up to three (3) designated individuals that the subscriber authorizes to receive the Reports from us (each and collectively, the “Designated Representatives”). The Subscriber will provide us with the primary contact information of the Designated Representatives.
1.4. If you are Subscriber, its Designated Representatives, and any other user, you warrant that:
1.4.1. your account information is true, correct, and updated; and
1.4.2. you will promptly update your account information whenever necessary.
1.5. You will not share or allow any other person to use your accounts, usernames, and passwords. You are responsible for any use of your accounts, whether or not you have allowed it. You will immediately notify us if you become aware of any unauthorized use of any account, username, or password.
1.6. If you are the Subscriber, you are responsible for your Designated Representatives and other users. You are solely responsible for responding to and resolving any disputes with, among, and between your Designated Representatives and other users. You agree that should your Designated Representatives and other users breach any part of the Terms, you will be jointly and severally liable with them for the results of the breach.
2.1. The Subscriber agrees and acknowledges that the Service is limited to receiving the Reports and providing them to the Subscriber’s Designated Representatives.
2.2. If we receive a Report, an email containing the information on the Report will be sent to the Designated Representatives within two (2) business days.
2.3. If any of the three (3) Designated Representatives is specifically named in the Report, we will attempt, but in no way guarantee, to remove the named Designated Representative/s from the email.
2.4. We will not provide any other additional correspondence regarding the Reports. The Subscriber and Designated Representatives, and not us, will be fully responsible for ensuring that the appropriate parties are informed of the incident or concern in the Reports.
2.5. The Subscriber is, and we are not, responsible for taking action to address the Reports. The Subscriber maintains full responsibility for reviewing, investigating, acting, or not acting, based on the Reports.
2.6. We do not warrant the accuracy, reliability, completeness, timeliness, or validity of any information related to the Reports.
2.7. We are not responsible for potential monitoring and/or tracking of information submitted via telephone or internet from within the organization or through equipment provided by the Subscriber.
2.8. The Subscriber is responsible for communicating the reasonable and appropriate use of the Service with its employees, board members, and other users to whom the Subscribers provides access.
2.9. The Service is not intended to be used by publicly traded companies, or organizations located outside of the United States, or to fulfill an organization’s obligations under federal, state, local, or other regulatory agencies.
3.1. In consideration of the Service, the Subscriber will pay a Subscription Fee to use the Service for a period of one (1) year from the date of our original agreement with the Subscriber (“Subscription Period”).
3.2. At the end of the Subscription Period, the Subscription will automatically renew, and the renewal Subscription Fee will automatically be charged; unless the Subscriber communicates its intent not to renew by sending a written notice to [email protected] before the end of the Subscription Period.
3.3. Only Subscribers who have paid the Subscription Fee in full will receive the Reports.
3.4. The Subscription Fee is applicable for the entire Subscription Period. The Subscriber may cancel the Subscription before the end of the Subscription Period by sending us a thirty (30)-day written notice to [email protected]. In such case, we may provide a refund at our sole, absolute discretion if the Subscriber had no Reports reported during the Subscription Period.
4.1. All Reports and information submitted to the Service are submitted voluntarily.
4.2. By using the Service or submitting any Report or information to us, you consent to the use of the Report or information for the purposes of providing the Service, in accordance with our Privacy Policy.
5.1. We will submit the Reports and all information reported in them to the Subscriber.
5.2. We will not provide any identifying information about the Reporters, unless the Reports specifically include the identifying information about the Reporters.
5.3. If you wish to make a Report and remain anonymous, you should not provide any information that may personally identify you.
6.1. Reports may include, but are not limited to: accounting and financial issues (embezzlement, misappropriations, accounting errors, omissions, misrepresentations, financial statement fraud, internal control problems, bribery, kickbacks, corruption, falsification of contracts/reports/official records/other documents), compliance and ethics reporting (conflicts of interest, self-dealing, misuse of company property, theft of inventory/assets/intellectual property, vandalism, sabotage, ethics violations, misconduct), and human resource matters (discrimination, harassment, workplace violence/retaliation, substance abuse, privacy law compliance, identity theft, security of personal information, unfair labor practices).
6.2. We are not responsible for the Reports. The Subscriber owns and is responsible for retaining information related to all Reports and for responding to any legal inquiries or subpoenas for information arising from the Reports.
6.3. We will maintain records of the Reports for a period of one (1) year from the date we received them.
6.4. We do not investigate or resolve issues or concerns about the Reports. You understand and acknowledge that our sole obligation is to receive Reports and deliver them via email to the Subscriber’s Designated Representatives.
6.5. The Subscriber, and not us, are solely responsible for evaluating whether the Report complies with all applicable local, state, or federal laws relating to the investigation and protection of the information submitted.
6.6. You and your heirs and successors release Risk Protection Systems, LLC and our 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 our 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 Report.
7.1. Risk Protection Systems, LLC, our 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 our actions, omissions, or negligence, or for contingencies beyond our 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.
7.2. Risk Protection Systems, LLC, and our 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, whatsoever, whether in contract, tort or otherwise, from the use of, or reliance on, the Reports.
7.3. The Subscriber, its officers, directors, owners, employees, and agents releases Risk Protection Systems, LLC and our 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 the Service, or the Subscriber’s actions or failures to take action as the result of having received, or been available to receive, the Service and the Reports.
10.1. We may change and update the Service and these Terms from time to time. If we do, we will post the latest change date on this page.
10.2. By using the Service after the change date, you confirm that you understand and agree to the changes and updates.
10.3. If you are a Subscriber and do not agree with any amendment on the ground that it is detrimental to you, please contact us.
10.4. If you are not a Subscriber and you do not agree with the amendments, your only recourse is to stop using the Service.
11.1. Jurisdiction and Choice of Law. Any claim relating to, and the use of, the Website and Service is governed by the laws of the state of New York. You consent to the exclusive jurisdiction of the courts located in Ontario County, New York
11.2. Entire Agreement. The Terms and the other agreements stipulated to be incorporated herein are the entire agreement between you and us and supersede any prior understandings or agreements (written or oral).
11.3. Severability. If any provision of the Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
11.4. Assignment. We may assign our rights and interests to the Terms and Services. You cannot assign your rights and interests to the Terms and Services without our written consent.
11.5. No Waiver. Our failure to act with respect to your or others’ breach does not waive our right to act with respect to subsequent or similar breaches.
11.6. Relationship. No joint venture, partnership, employment, or agency relationship exists between you and Risk Protection Systems, LLC as a result of these Terms or your use of the Service.
12.1. If you have any questions, comments, or suggestions, please contact RISK PROTECTION SYSTEMS, LLC; 6945 Northpark Boulevard, Suite L, DPT# 6062, Charlotte, NC28216-0079; [email protected].
All Website and Service designs, graphics, text selections, arrangements, and software are owned by Risk Protection Systems, LLC or its licensors. ALL RIGHTS RESERVED.
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