Terms of Service

Thank you for your interest in SafeWhistle. Please review the following Terms of Service, which will govern your registration with and use of the SafeWhistle Platform. By using the SafeWhistle Platform, you agree to the terms and conditions (‘Terms of Service’) contained in this document (‘Agreement’) as well as to the terms of the SafeWhistle Privacy Policy, which is available at https://www.safewhistle.com/legal/privacy/ You agree to accept these Terms of Service electronically. If you do not want to be bound by the Terms of Service, you may not make use of the SafeWhistle Platform, and are advised to discontinue your use of the site.

“Content” means all information and content available on the SafeWhistle Platform (if uploaded by SafeWhistle). “SafeWhistle Content”, and if uploaded by a User, “User Content”, except User submissions, including but not limited to trademarks, logos, service marks, copyrighted works, text, graphics, logos, button icons, images, audio/video clips, data compilations and software, and the compilation and organization thereof. “SafeWhistle” means SafeWhistle, LLC, a Michigan limited liability company, 34300 Woodward Avenue, Suite #200, Birmingham, MI 48009, owner of the SafeWhistle Platform. “Services” refers to all products and services provided to you by SafeWhistle. “Organization” means, but is not limited to, a company group as well as business plan competitions, economic development agencies, industry conferences, financial institutions, incubators/accelerators, non-profits, accounting firms (service provider), advisors (service provider), family offices (service provider), law firms (service provider), and universities. “Registered User” shall mean any user or person who interacts with the SafeWhistle Content or User Content via the SafeWhistle Platform.

SafeWhistle provides resources and tools to Employees, Organizations and Businesses. We have created the SafeWhistle Platform to meet the needs of the Corporate Companies, Businesses, Employees, Human Resources, and Management. The SafeWhistle Platform refers to the tools and services offered to Registered Users of SafeWhistle, including its wholly-owned subsidiaries and affiliates. This includes any and all of the Content thereon and services provided by SafeWhistle on or in conjunction with websites wholly owned by SafeWhistle, including but not limited to, application program interfaces (“API’s”), storage, email, professional services, and collaboration services. Such tools and services include, but are not limited to, the offerings on the following websites: SafeWhistle (SafeWhistle.com): A web application that primarily provides a secure and anonymous way for employees to Whistleblow and provide feedback to their employers and management and a companies and organizations to respond and investigate reports. SafeWhistle does not and cannot guarantee, nor offer and claims that any report submitted content is accurate or complete. In order to use the SafeWhistle Platform, you must use one of the supported Internet browsers. Additionally, you are required to register your Management User information with SafeWhistle. SafeWhistle does not provide internet access, and you are responsible for all fees associated with your internet connection.

Management Users: Certain portions of the SafeWhistle Platform will be visible to Management Users. Those Users, nevertheless, are bound by these Terms of Service. See User Content discussion in User Submissions Section below. SafeWhistle shall have no obligation to participate or assist in any way in the event of any dispute between Users. Notwithstanding the above or anything to the contrary set forth in the Terms of Service, SafeWhistle shall have the absolute and unlimited rights to reject any User, to terminate the account of any User, to delete any User Content, or to publish any User Content that is not confidential, including for the purposes of marketing SafeWhistle and/or the SafeWhistle Platform.

Subject to the terms of these Terms of Service, which constitute the agreement between SafeWhistle and you, the User, SafeWhistle grants to you a non-exclusive, revocable, non-transferable license to use the SafeWhistle Platform. All rights, titles, and interests in and to the SafeWhistle Platform (excluding User Content) is and will remain the exclusive property of SafeWhistle and and/or its licensors.

Some of SafeWhistle ’s services are provided free of charge, while others are provided for a fee. The fees for each service vary. All product and service features, including availability and price, are subject to change at any time without notice. We reserve the right, with or without prior notice, to limit the availability of or to discontinue any product or service; to impose conditions on any promotion; to bar any user from making any purchase; and/or to refuse to provide any user with any product or service. You authorize SafeWhistle to charge you for all products or services purchased by you through the SafeWhistle Platform, to the payment method you provide. “Charge” shall indicate either a charge or a debit, as applicable, against your payment method. If you request a purchase on a recurring basis, you agree that we may automatically charge the payment method you have provided at the regular intervals you have designated, unless and until you cancel according to our cancellation terms by selecting the cancellation option on your Management User account settings. You represent that you have the legal right to use any payment method that you submit to us. There will be no refunds or credits for prior months of service, partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made. All orders placed through the SafeWhistle Platform are subject to our acceptance. Your receipt of an order confirmation does not signify our acceptance of your order. We reserve the right at any time after receipt of your order to accept or decline your order for any or no reason and without liability to you or anyone else. If your method of payment has already been charged for an order that we later cancel, we will issue you a refund. Prices are in U.S. dollars unless otherwise stated are subject to change. We may require verification of information prior to the acceptance and/or fulfillment of any order.

We and/or our licensors and suppliers own the information and materials made available through SafeWhistle, excluding User Content. Such information and materials are protected by copyright, trademark, patent and/or other proprietary rights and laws. Subject to your compliance with this Agreement, and solely for so long as you are permitted by us to access and use SafeWhistle, you may access, view and print a single copy of any content on SafeWhistle to which we provide you access hereunder, solely for your personal, internal business and non-commercial purposes, provided that you keep intact all copyright and other proprietary notices. Other than exercising rights you may have to documents provided to you by another user through the Services, or except as expressly authorized in advance by us in writing, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, or create derivative works based on all or any part of SafeWhistle or any information or materials made available through SafeWhistle. Our trade names, trademarks and service marks include, without limitation, SafeWhistle and any affiliated or associated logos. All trademarks and service marks on SafeWhistle not owned by us are the property of their respective owners. You may not use our trade names, trademarks or service marks in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained on SafeWhistle should be construed as granting any license or right to use any trade names, trademarks or service marks without the express prior written consent of the owner.

In order to access and use most of the SafeWhistle Platform from the Management User side, you must register for an account. If you are under the age of 18, please do not sign up for an account. If, as part of your registration as Management User, you make a false or misleading statement or representation as to your eligibility to participate in the SafeWhistle Platform, or to engage in conduct consistent with the definition of a Management User, you hereby agree to indemnify and hold harmless SafeWhistle and all of SafeWhistle’s parent corporations, subsidies, partners, and other similarly situated persons, natural or otherwise. Organizations may also register and will be overseen by the Organization Administrator.

In order to best serve our Users, and to comply with applicable laws, SafeWhistle has a limited number of rules which govern how you may behave while interacting with the SafeWhistle Platform and other Users. Please review the rules below carefully, since your violation of them may result in the termination of your access to the SafeWhistle Platform in SafeWhistle ’s sole discretion at any time and without prior notice.

While it is our goal at SafeWhistle to provide you with a useful, stable and available service, we cannot guarantee that there will be no unforeseen difficulties, technical or otherwise, which may, in rare cases, result in service interruptions or loss of data. For this reason, the SafeWhistle Platform and all Content and services on it are provided strictly on an ‘as is’ basis. By accepting these Terms of Service, you agree that neither SafeWhistle nor any of its third party service providers will be held accountable for any delays in transmission of your data, data loss, service interruptions or retention of User settings. For a brief overview of our policies regarding the safeguarding of your data, please view our Privacy Policy at https://www.safewhistle.com/legal/privacy/ SafeWhistle reserves the right to change or discontinue, either temporarily or permanently, any part of the SafeWhistle Platform or any or all of its services at any time and without prior notice. You agree that neither SafeWhistle nor any of its third party service providers will be liable for any damages, including lost business opportunities, should such discontinuance occur.

We ask that any registration data you provide to SafeWhistle is true, current and complete. In the event any of this information changes, please update it on your personal portfolio page. For details on how you can access your stored data, please refer to SafeWhistle ’s Privacy Policy.

During your registration you will set your account access login and password. You are responsible for maintaining the confidentiality of this information and are responsible for any and all activities and postings that are made using your account. The user understands that they are not allowed, forbidden or otherwise prohibited from sharing their login credentials with any person or party, that is not a registered user on the platform. Any breach of the policy will result in an immediate termination of user permission to access the platform and may be subject to legal action for violation of these terms. Please notify SafeWhistle immediately if you suspect that an unauthorized person has accessed your account. Should you misplace or forget your password, please click on the forgot password link. If you continue to have problems, please contact our technical support staff at support@SafeWhistle.com.

You agree to use the SafeWhistle Platform only as provided for in these Terms of Service. You also agree not to use the SafeWhistle Platform in any way that is in conflict with the law in your jurisdiction. Further, you may not use the SafeWhistle Platform for the transmission of any information that is obscene, libelous, harassing, abusive, threatening, invasive of a User’s privacy, or in violation of any other individual’s intellectual property rights.

Please use the email features of the SafeWhistle Platform responsibly. You may not use the SafeWhistle Platform to send unsolicited commercial email (‘spam’) or unsolicited mass distribution of files. In order to enforce this provision, SafeWhistle may establish additional policies regarding the use of email features, including, but not limited to, maximum retention times of messages, maximum number of messages sent per day, or a maximum size of a message. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that access the SafeWhistle Platform in a manner that sends more request messages to SafeWhistle ’s servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, SafeWhistle grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. SafeWhistle reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the SafeWhistle Platform, nor to use the communication systems provided by the SafeWhistle Platform for any commercial solicitation purposes. If you receive any email through the SafeWhistle Platform that you believe is not in compliance with the above provision, please notify us by forwarding the email, along with an explanatory note, to support@SafeWhistle.com

SafeWhistle is committed to protecting the privacy of its Users and has developed a detailed Privacy Policy that describes our practices and procedures regarding your data. The Privacy Policy is available at https://www.safewhistle.com/legal/privacy/, and is incorporated herein by reference. Please review the Privacy Policy before accepting this Agreement. By registering with or using SafeWhistle, you consent to the collection and use of your personal information and the transfer of this information to the United States or other countries for processing and storage by SafeWhistle. You agree not to collect or aggregate User information accessible through the SafeWhistle Platform for commercial use or redistribution, including the targeted marketing of non-SafeWhistle services to individual Users. SafeWhistle reserves the right to immediately terminate, without notice, the account of any User found to have violated this rule in the sole and absolute discretion of SafeWhistle. All of the data for each respective User is exclusively entered and maintained by the user. This data is, and always will, remain privately available only to those Users. SafeWhistle will never use this information in a personally identifiable way.

In general, as a condition to your continued use of the SafeWhistle Platform, you agree that you will not use the SafeWhistle Platform for any purpose that is unlawful or prohibited by these Terms of Service. In the access or use of the SafeWhistle Platform, you shall comply with these Terms of Service and the special warnings or instructions for access or use posted on the SafeWhistle Platform. You shall act always in accordance with the law, custom and in good faith. You may not make any change or alteration to the SafeWhistle Platform or any SafeWhistle Content or services that may appear on the SafeWhistle Platform and you may not impair in any way the integrity or operation of the SafeWhistle Platform. Without limiting the generality of any other provision of these Terms of Service, if you default negligently or willfully in any of the obligations set forth in these Terms of Service, you shall be liable for all the losses and damages that this may cause to SafeWhistle, our affiliates, partners or licensors. By way of example, and not limitation, you agree not to: Post, transmit, or otherwise make available through or in connection with your use of the SafeWhistle Platform: Any information or materials that are or may be, or the posting, transmission or use of which is or may be: (a) threatening, harassing, degrading, hateful or intimidating; (b) defamatory or libelous; (c) fraudulent or tortious; (d) obscene, indecent, pornographic or otherwise objectionable; or (e) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right of any third party. Any material that would give rise to criminal or civil liability; that encourages conduct that constitutes a criminal offense; or that encourages or provides instructional information about illegal activities or activities such as “hacking,” “cracking,” or “phreaking.” Any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file, or program that is harmful or invasive or that may or is intended to damage, hijack, disable, interfere with, or disrupt the operation of, or monitor the use of, any hardware, software or equipment. Any unsolicited or unauthorized advertisements, promotional material, “junk mail,” “spam,” “chain letter,” “pyramid scheme” or any other form of solicitation that is not expressly approved in writing by SafeWhistle in advance. Any personally identifiable information of another individual, without the prior consent of such individual. Any material, non-public information about a company, without the proper authorization to do so. Use the SafeWhistle Platform for any fraudulent or unlawful purpose. Use the SafeWhistle if you are a competitor of the Company, or for reasons that are in competition with the Company. Use the SafeWhistle Platform to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others’ privacy rights or rights of publicity, or to harvest or collect information about Users of the SafeWhistle Platform. Impersonate any person or entity, including without limitation any representative of SafeWhistle or any other company; falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the SafeWhistle Platform; or express or imply that SafeWhistle endorses any statement you make. Interfere with or disrupt the operation of the SafeWhistle Platform or the servers or networks used to make the SafeWhistle Platform available; or violate any requirements, procedures, policies or regulations of such networks. Restrict or inhibit any other person from using the SafeWhistle Platform (including without limitation by hacking or defacing any portion of the SafeWhistle Platform). Reproduce, duplicate, copy, sell, resell, link to or otherwise exploit for any commercial purposes, any portion of, use of, or access to, the SafeWhistle Platform. Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the SafeWhistle Platform. Remove any copyright, trademark or other proprietary rights notice from the SafeWhistle Platform or materials originating from the SafeWhistle Platform. Frame or mirror any part of the SafeWhistle Platform. Create a database by downloading and storing SafeWhistle Platform Content. Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way SafeWhistle Platform Content or reproduce or circumvent the navigational structure or presentation of the SafeWhistle Platform without SafeWhistle ’s express prior written consent.

We do not accept unsolicited suggestions and/or ideas. All inquiries, feedback, suggestions, ideas or other information any User provides to SafeWhistle concerning the SafeWhistle Platform (collectively, “Submissions”) will be treated as non-proprietary and non-confidential. By transmitting or posting any Submission, the User hereby grants SafeWhistle full ownership of the Submission as if SafeWhistle had created, developed and posted the Submission for its own purposes. Please note this is different from User Content, which is addressed below. SafeWhistle reserves the right to copy, use, reproduce, modify, adapt, translate, publish, license, distribute, sell or assign the Submission in any way as it sees fit, including but not limited to copying in whole or in part, creating derivative works from, distributing and displaying any Submission in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works, or using the Submission within or in connection with SafeWhistle ’s products or services. User also acknowledges that User Submissions will not be returned and SafeWhistle may use Submissions, and any ideas, concepts or know how contained therein, without payment of money or any other form of consideration, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products. For clarification, deal documents and emails or other communications between Users are not considered Submissions; SafeWhistle claims no right, title or interest in such documents or communications. If a User makes a Submission, the User represents and warrants that the User owns or otherwise control the rights to the Submission. User further represents and warrants that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam.” Users may not use a false email address, impersonate any person or entity, or otherwise mislead SafeWhistle as to the origin of any Submission. The User agrees to indemnify SafeWhistle for all claims arising from or in connection with any claims to any rights in any Submission or any damages arising from any Submission.

The SafeWhistle Platform permits the submission of content or communications submitted by Users (“User Content”) and the hosting, sharing, and/or publishing of such User Content. SafeWhistle does not and will not claim any ownership over or rights to User Content other than a license to display it on the SafeWhistle Platform as directed by the User, but User understands that whether or not such User Content is published, though SafeWhistle will seek to maintain the confidentiality of any data designated as confidential by a User, SafeWhistle does not guarantee any confidentiality with respect to any User Content. User shall be solely responsible for User’s own User Content and the consequences of posting or publishing them. In connection with User Content, User affirms, represents, and/or warrants that: (i) User owns or has the necessary licenses, rights, consents, and permissions to use and authorize SafeWhistle to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Content to enable inclusion and use of the User Content in the manner contemplated by the SafeWhistle Platform and these Terms of Service; and (ii) User has the written consent, release, and/or permission of each and every identifiable individual person in the User Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Content in the manner contemplated by the SafeWhistle Platform and these Terms of Service. By submitting the User Content to the SafeWhistle Platform, User hereby grants SafeWhistle a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the SafeWhistle Platform and SafeWhistle ’s (and its successor’s) business, including without limitation for promoting and redistributing part or all of the SafeWhistle Platform (and derivative works thereof) in any media formats and through any media channels. In the event it does so, SafeWhistle will seek to maintain the confidentiality of User Content consistent with the User’s designation, but once again cannot guarantee any such confidentiality. User also grants each User of the SafeWhistle Platform a non-exclusive license to access the User Content of that User through the SafeWhistle Platform, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Content as permitted through the functionality of the SafeWhistle Platform and under these Terms of Service. User agrees that User will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless User is the owner of such rights or have permission from their rightful owner to post the material and to grant SafeWhistle all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage SafeWhistle or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; (v) impersonate another person. SafeWhistle does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and expressly disclaims any and all liability in connection with User Content. SafeWhistle does not knowingly permit infringement of intellectual property rights on its SafeWhistle Platform, and will remove all User Content if properly notified that such User Content infringes on another’s intellectual property rights. SafeWhistle reserves the right to remove User Content without prior notice. SafeWhistle will also terminate a User’s access to its SafeWhistle Platform, if a User is determined to be a repeat infringer. SafeWhistle also reserves the right to decide whether User Content is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. SafeWhistle may remove such User Content and/or terminate a User’s access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion. If you are a copyright owner or an agent thereof and believe that any User Content or other Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing: A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. The Company’s designated Copyright Agent to receive notifications of claimed infringement is: SafeWhistle – Chief Legal Officer, 34300 Woodward Avenue, Suite #200, Birmingham, MI 48009; email: legal@SafeWhistle.com. Only DMCA notices should go to the Copyright Agent. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. SafeWhistle suggests that you consult your legal advisor before filing a notice. Please be aware that there are penalties for false claims under the DMCA. Any other feedback, comments, requests for technical support, and other communications should be directed to Company customer service through support@SafeWhistle.com. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid. You understand that when using the SafeWhistle Platform, you may be exposed to User Content from a variety of sources, and that SafeWhistle is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Content. You further understand and acknowledge that you may be exposed to User Content that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against SafeWhistle with respect thereto, and agree to indemnify and hold SafeWhistle , its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the SafeWhistle Platform.

All information and Content available on the SafeWhistle Platform and its “look and feel”, except all User Content (as defined herein), including but not limited to trademarks, logos, service marks, copyrighted works, text, graphics, logos, button icons, images, audio/video clips, data compilations and software, and the compilation and organization thereof is the property of SafeWhistle, its affiliates, partners or licensors, or is used with consent of the owner, and is protected by United States and international laws, including laws governing copyrights and trademarks. The reproduction and use of any of these by you is prohibited unless specific permission is provided on the SafeWhistle Platform or otherwise. Any unauthorized use may violate copyright laws, trademark laws, privacy and publicity laws, and/or communications regulations and statutes of the United States and foreign laws and international conventions. The trademarks, service marks, logos, and other indicia, including of SafeWhistle (collectively the “Trademarks”) which appear on the SafeWhistle Platform are registered and/or unregistered trademarks of SafeWhistle and others. Nothing contained on the SafeWhistle Platform should be construed as granting, by implication or otherwise, any right, license or title to any of the Trademarks without the advance written permission of SafeWhistle or such third party as may be appropriate. All rights are expressly reserved and retained by SafeWhistle. Your misuse of any of the Trademarks displayed on the SafeWhistle Platform, or any other Content on the SafeWhistle Platform, except as provided in these Terms of Service, is strictly prohibited. You are also advised that SafeWhistle considers its intellectual property to be among its most valuable assets, and will aggressively enforce its intellectual property rights to the fullest extent of the law. Both the SafeWhistle Platform and the Content of the SafeWhistle Platform are provided “AS IS” for Users information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. SafeWhistle reserves all rights not expressly granted in and to the SafeWhistle Platform and the Content. User agrees to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User submissions of third parties obtained through the SafeWhistle Platform for any commercial purposes. If User downloads or prints Content for personal use, User must retain all copyright and other proprietary notices contained therein. User agrees not to circumvent, disable or otherwise interfere with security related features of the SafeWhistle Platform or features that prevent or restrict use or copying of any Content or enforce limitations on use of the SafeWhistle Platform or the Content thereon. SafeWhistle does not make any representations or warranties, whether express or implied, regarding or relating to the SafeWhistle Platform or any associated hardware or software, including the Content or operations of either.

Disclaimers NONE OF SAFEWHISTLE, ITS AFFILIATES, THEIR RESPECTIVE MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS (COLLECTIVELY, THE ‘SAFEWHISTLE PARTIES’ ) MAKES ANY WARRANTIES OR REPRESENTATIONS ABOUT THE SAFEWHISTLE PLATFORM OR ITS CONTENTS, INCLUDING BUT NOT LIMITED TO THEIR ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS, OR RELIABILITY. NONE OF THE SAFEWHISTLE PARTIES SHALL BE SUBJECT TO LIABILITY FOR TRUTH, ACCURACY, OR COMPLETENESS OF ANY INFORMATION MADE AVAILABLE ON OR THROUGH THE SAFEWHISTLE PLATFORM OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE SAFEWHISTLE PLATFORM SOLELY AT YOUR OWN RISK. SAFEWHISTLE PROVIDES THIS SAFEWHISTLE PLATFORM AS A RESOURCE FOR USERS INVOLVED WITH MANAGEMENT OF WHISTLEBLOWING REPORTS TO COMPANIES. SAFEWHISTLE IS NOT RESPONSIBLE FOR AND SHALL HAVE NO LIABILITY WITH RESPECT TO THE ACTIONS OR OMISSIONS OF ANYONE USING THE SAFEWHISTLE PLATFORM. AS A CONDITION TO YOUR USE OF THE SAFEWHISTLE PLATFORM, YOU HEREBY WAIVE AND RELEASE ANY AND ALL CLAIMS, CAUSES OF ACTION OR OTHER RIGHTS THAT YOU MIGHT HAVE AGAINST ANY OF THE SAFEWHISTLE PARTIES ARISING OUT OF OR RELATING TO THE SUBMISSION AND REVIEW OF ANY MATERIALS MADE AVAILABLE ON OR THROUGH THE SAFEWHISTLE PLATFORM. SAFEWHISTLE DOES NOT AGREE TO ANY OBLIGATIONS OF CONFIDENTIALITY, NONDISCLOSURE OR NONUSE, EXCEPT AS EXPLICITLY PROVIDED FOR IN OUR PRIVACY POLICY. IN NO EVENT SHALL ANY SAFEWHISTLE PARTY BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM EITHER A PERSON OR ENTITY’S USE OR INABILITY TO USE THE SAFEWHISTLE PLATFORM, OR THE SUBMISSION OF ANY MATERIALS VIA THE SAFEWHISTLE PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF A SAFEWHISTLE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. IN SUCH STATES, THE LIABILITY OF THE SAFEWHISTLE PARTIES SHALL BE LIMITED TO THE LEAST EXTENT PERMITTED BY LAW.

At SafeWhistle ‘s request, User agrees to defend, indemnify and hold harmless SafeWhistle, its shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, licensees, distributors and content providers from all damages, liabilities, claims and expenses, including without limitation attorneys’ fees and costs, arising from or related, directly or indirectly, to any misuse of the SafeWhistle Platform or breach of this Agreement by User.

SafeWhistle reserves the right to suspend or terminate these Terms of Service and/or any User’s access to the SafeWhistle Platform at any time and without notice on it sole discretion.

These Terms of Service, together with the Privacy Notice and any other legal notices published by SafeWhistle on the SafeWhistle Platform, shall constitute the entire agreement between you and SafeWhistle concerning the SafeWhistle Platform. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and SafeWhistle ’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

You agree that: (i) the SafeWhistle Platform shall be deemed solely based within the State of Michigan; and (ii) the SafeWhistle Platform shall be deemed a passive website that does not give rise to personal jurisdiction over SafeWhistle, either specific or general, in jurisdictions other than Michigan. These Terms of Service shall be governed by the internal substantive laws of the State of Michigan, without respect to its conflict of laws principles. All disputes arising out of or relating to this Agreement shall be finally resolved by arbitration conducted in Oakland County, Michigan under the rules of commercial arbitration of the American Arbitration Association. Both parties shall bear equally the cost of arbitration (exclusive of legal fees and expenses). All decisions of the arbitrator(s) shall be final and binding on both parties and enforceable in any court of competent jurisdiction.

SafeWhistle may change these Terms of Service at any time and in its sole discretion. The modified Terms of Service will be effective immediately upon posting and you agree to the new posted Terms of Service by continuing your use the SafeWhistle Platform. If you do not agree with the modified Terms of Service, your only remedy is to discontinue using the SafeWhistle Platform. Notwithstanding the foregoing, any changes to this Agreement shall not apply to any dispute between you and us arising prior to the date of such posting or other notification. We may, at any time, temporarily or permanently modify or discontinue all or part of SafeWhistle, with or without notice and/or offer opportunities to some or all users of SafeWhistle . You agree that the SafeWhistle Platform shall not be liable to you or to any third party for any modification, suspension or discontinuance of SafeWhistle, in whole or in part, or of any Service, content, feature or product offered through SafeWhistle. You agree that we may, at any time, charge fees in connection with the use of all or part of SafeWhistle and/or for certain features of the Services and that you will be responsible for all such charges (including any applicable tax). You will be notified in advance of any such charges. USER ACKNOWLEDGES THAT USER HAS READ THIS AGREEMENT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. USER FURTHER AGREES THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN USER AND SAFEWHISTLE WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, WRITTEN OR ORAL, AND ANY OTHER COMMUNICATION BETWEEN USER AND SAFEWHISTLE RELATING TO THE SUBJECT MATTER OF THIS TERMS OF SERVICE.

Should you have any questions concerning these Terms Of Service, please contact support@safewhistle.com.

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