TERMS OF USE
Last Updated: April 10, 2025
SafeQual Health (referred to as “SafeQual”, “Company,” “we”, “our”, or “us”)
offers proprietary web-based software-as-a-service applications, including via
mobile applications (collectively, the “SaaS Applications”), and maintains
various websites under its control, including www.safequal.net,
and the subdomains and subdirectories of each as well as any website
applications, content or functionality offered on or through the foregoing
(collectively, the “Websites” and together with the SaaS Applications, the
“Services”).
By using the Services, you accept and agree to be bound and abide by the
following terms and conditions (the “Terms of Use”), together with our Privacy
Policy, found at https://www.safequal.com/privacy-policy, incorporated herein
by reference (the “Privacy Policy”), regardless of whether you registered as a
user or you are a job seeker or employer (“you” or “your”). If you do
not want to agree to these Terms of Use or the Privacy Policy, you must not
access or use the Services. Also, by agreeing to this
Terms of Use you waive, to the extent permitted under applicable law, any
rights or legal requirements that require an original (non-electronic)
signature or the delivery or retention of non-electronic records in order for a contract to be legally binding.
If you use the Services as part of a paid subscription, the Service features
and functionalities available to you are determined by the specific terms
agreed to between SafeQual and the organization (e.g., your employer or another
entity or person, called the “Customer”) that entered into a separate agreement
that governs delivery, access, and use of the Service (the “Customer
Contract”). The terms and conditions within such Customer Contract shall
control to the extent of any direct conflict with these Terms of Use.
If you are using a SaaS Application on behalf of a Customer, by accessing or
using the SaaS Application, you acknowledge and agree to be bound by these
Terms of Use and Privacy Policy and you shall be responsible for (and
must have sufficient authority to take) all actions that are performed on or
through your registered account, including any procurement or use of third
party products or services (and associated disclosure of data) in connection
with the SaaS Application. If you have been added or invited to the SaaS
Application, the party that administers such SaaS Application (and not you)
controls your use of that SaaS Application, including but not limited to adding
or removing you from that SaaS Application, enabling or disabling third-party
integrations, and managing permissions. Any content that you submit or upload
to the SaaS Application may be retained, accessed, used, modified, shared, or
removed by the party that administers such SaaS Application. You acknowledge
that your account can become managed by the entity that owns or controls the
email address domain with which your account was created or registered.
Please read the Terms of Use carefully before you start to use the Services.
We may revise and update these Terms of Use from time to time in our sole
discretion. All changes are effective immediately when we post them and apply
to all access to and use of the Services thereafter. Your continued use
of the Services following the posting of revised Terms of Use means that you
accept and agree to the changes. You are expected to check this page from time
to time so you are aware of any changes, as they are binding on you.
1. Eligibility. These Services are offered and available to users who are
18 years of age or older. By using the Services, you represent and
warrant that you are of legal age to form a binding contract with us.
Otherwise, you must not access or use the Services unless SafeQual has entered into a Customer Contract with your employer permitting
you to use the Services. In addition, we are based in the state of New
York in the United States. The Services can be accessed from certain countries
around the world. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services
from outside the United States, you do so on your own initiative and are
responsible for compliance with local laws. Access to the Services from
territories where the Services are illegal is prohibited. You acknowledge that
you remain responsible at all times for your
compliance with U.S. and all applicable export and related statutes and
regulations.
2. Accessing Services and Account Security. Subject to your compliance with
these Terms of Use, we grant you a non-exclusive, limited, revocable, personal,
non-transferable license to use the applicable Services. Unless SafeQual has entered into a Customer Contract permitting you to use the
Services for transactions on the Customer’s behalf, you may only use the
Services for transactions on your own behalf. If you use the Services on behalf
of a Customer or other entity or natural person, you
represent and warrant that you are authorized to do so. To access the Services
or some of the resources offered through the Services, you may be asked to
provide certain registration details or other information. It is a condition of
your use of the Services that all the information you provide on the Services
is correct, current, and complete. You agree that all information you provide
to register with the Services or otherwise, including but not limited to through the use of any interactive features on the Services,
is governed by the Privacy Policy and you consent to all actions we take with
respect to your information consistent with our Privacy Policy. Terms not
defined herein shall retain their meaning as set forth in the Privacy Policy.
If you choose, or are provided with, a user name, password, or any other piece
of information, as part of our security procedures, you must treat such
information as confidential, and you must not disclose it to any other person
or entity. You also acknowledge that your account is personal to you and agree
not to provide any other person with access to the Services or portions of it
using your user name, password, or other security
information.
As between you and others (including Customers), your account belongs to you.
However, if the Services were purchased by a Customer for you to use, the
Customer has the right to control access to and get reports on your use of such
paid Service.
You agree to (i) notify us immediately of any
unauthorized access to or use of your user name or password or any other breach
of security of which you become aware, (ii) assist us using commercially
reasonable efforts in maintaining confidentiality, and (iii) assist us as
reasonably necessary to enforce our rights and to enable us to comply with any
state or federal law requiring the provision of notice of any security breach
with respect to any personally identifiable information of the affected or
impacted data subjects. You should use particular caution
when accessing your account from a public or shared computer so that others are
not able to view or record your password or other personal information. We have
the right to disable any user name, password, or other
identifier, whether chosen by you or provided by us, at any time if, in our
opinion, you have violated any provision of these Terms of Use.
3. Term and Termination. If you use the Services as part of a paid
subscription (e.g. you are an employer and purchase Services directly through
this site), you understand and agree that the Services you purchase are offered
on an annual basis. If you are using the
Services as a user or a job seeker, you may terminate your account at any time.
If you violate any provision of these Terms of Use, your permission from SafeQual
to use the Services will terminate automatically. In addition, SafeQual may in
its sole discretion terminate your account on the Services or suspend or
terminate your access to the Services at any time for any reason, with or
without notice.
SafeQual may alter, suspend or discontinue the Services or any portion of the
Services without notice. SafeQual will not be liable whatsoever for any change
to the Services or any suspension or termination of your access to or use of
the Services.
Our rights to use and disclose your feedback shall survive termination.
4. Intellectual Property Rights. The Services and its entire contents,
features, and functionality (including but not limited to all information,
software, specifications, text, displays, images, video, and audio, code that SafeQual
creates or displays to generate or display content, and the design, design
marks, trademarks, service names, slogans, selection, and arrangement thereof,
as well as Customer content hosted by SafeQual or its affiliates on
public-facing websites, subdomains or portals (the “SafeQual Content”) are
owned by SafeQual and are protected by United States and international
copyright, trademark, patent, trade secret, and other intellectual property or
proprietary rights laws. These Terms of Use permit you to use the Services for
your personal, non-commercial use only, and in the case of Customers, for
internal business use only, subject to the license rights specified in these
Terms of Use. Nothing in these Terms of Use shall be construed as
granting to you a license to SafeQual Content under any copyright, trademark,
patent, or other intellectual property right except as follows:
· Your computer may temporarily store copies of such materials in
RAM incidental to your accessing and viewing those materials.
· You may store files that are automatically cached by your Web
browser for display enhancement purposes.
· If we provide desktop, mobile, or other applications for
download, you may download a single copy to your computer or mobile device
solely for your own personal, non-commercial use, provided you agree to be
bound by our end user license agreement for such applications.
No right, title, or interest in or to the Services or any
content on the Services is transferred to you, and all rights not expressly
granted are reserved by us. Any use of the Services not expressly permitted by
these Terms of Use is a breach of these Terms of Use and may violate copyright,
trademark, and other laws.
5. Trademarks. “SafeQual,”” and certain other names or logos are our
trademarks, and all related product and service names, design marks, and
slogans are our trademarks or service marks, excluding the marks of our
partners. You must not use such marks without our prior written permission. We
also retain the rights in the designated color schemes and column names
provided within the Services. The “look” and “feel” of the Services (including
color combinations, button shapes, layout, design, and all other graphical
elements not uploaded or implemented by Customers) are also our trademarks or
copyrights.
6. Prohibited Uses. You may use the Services only for lawful purposes and in
accordance with these Terms of Use. You must not:
a. Submit or post anything to the Services that contains software viruses,
worms, or any other harmful code.
b. Create a false identity as a user of the Services, misrepresent your
identity, create a profile for anyone other than yourself (a real person), post
any incomplete, false, or inaccurate résumé information or information which is
not your own accurate résumé, or use or attempt to use another’s account.
c. Disclose information that you do not have the consent to disclose (such as
confidential information of a Customer);
d. Reproduce, distribute, modify, create derivative works of, publicly display,
publicly perform, republish, download, store, license, transfer, sell or
transmit or make copies of any SafeQual Content or materials from the Services
or modify, create derivative works from, distribute, publicly display, publicly
perform, or sublicense the Services.
e. Delete or alter any legal notices, copyright, trademark, or other
proprietary rights notices from copies of materials from this site.
f. Reverse engineer, decompile, disassemble, or otherwise attempt to discover
or directly access the source code or any underlying ideas or algorithms of any
portions of the Services or any underlying software or component thereof
g. Access or use for any commercial purposes any part of the Services or any
services or materials available through the Services (except on behalf of a
Customer for internal business use).
h. Reproduce, display, publicly perform, distribute, or otherwise use the
Services or the SafeQual Content in any manner that is likely to cause
confusion among consumers, that disparages or discredits SafeQual, or that
interferes or attempts to interfere with the proper working of the Services or
any transaction being conducted on the Services, or with any other person’s use
of the Services.
i. Violate the intellectual property rights of SafeQual
or of others, including copyrights, patents, trademarks, trade secrets or other
proprietary rights. For example, copying or distributing (except through the
available sharing functionality) the posts or other content of others without
their permission.
Further, you agree not to use the Services:
a. In any way that violates any applicable federal, state, local, or
international law or regulation (including, without limitation, any laws
regarding the export of data or software to and from the U.S. or other
countries).
b. For the purpose of exploiting, harming, or
attempting to exploit or harm minors in any way by exposing them to
inappropriate content, asking for personally identifiable information, or
otherwise.
c. For the unlawful use of any personally identifiable information of other
users of which you may be exposed to.
d. To transmit, or procure the sending of, any advertising or promotional
material without our prior written consent, including any “junk mail”, “chain
letter”, “spam”, or any other similar solicitation.
e. To send unsolicited mail or email, make unsolicited phone calls or send
unsolicited texts, tweets or faxes promoting and/or advertising products or
services to any user, or contact any users that have specifically requested not
to be contacted by you.
f. To respond to any employment opportunity for any reason other than to apply
for the job.
g. To engage in any other conduct that restricts or inhibits anyone’s use or
enjoyment of the Services, or which, as determined by us, may harm SafeQual or
users of the Services or expose them to liability.
h. To use any “page-scrape”, “robot”, “spider” or other automatic device,
program, algorithm or methodology, or any similar process, to access, acquire,
copy or monitor any portion of the Services or any SafeQual Content, or to
obtain or attempt to obtain any materials, documents or information through any
means not purposely made available through the Services.
i. To attempt to gain unauthorized access to any
portion or feature of the Service, or any other systems or networks connected
to the Services or to any SafeQual server, or to any of the services offered on
or through the Services, by hacking or any other illegitimate means.
j. To scan or test the vulnerability of the Services or any network connected
to the Services, nor breach the security or
authentication measures on the Services or any network connected to the
Services.
k. To take any action that imposes an unreasonable or disproportionately large
load on the infrastructure of the Services or SafeQual’s systems or networks,
or any systems or networks connected to the Services, or to SafeQual or
interferes with the proper working of the Services.
l. To attack the Services via a denial-of-service attack or a distributed
denial-of-service attack including via means of overloading, “flooding,”
“mailbombing,” or “crashing,”.
m. To access the Services in order to build, assist, or facilitate the assembly
of a competitive product or service, to build a product using similar ideas,
features, functions, or graphics of the System, or to copy any ideas, features,
functions, or graphics of the Services.
If your use of the Services requires you to comply with industry-specific
regulations applicable to such use, you will be solely responsible for such
compliance. You may not use the Services in a way that would subject SafeQual
to those industry-specific regulations without obtaining SafeQual’s prior
written agreement, such as using the Services to collect, protect, or otherwise
handle “protected health information” (as defined in 45 C.F.R. §160.103 under
United States federal regulations).
Your level of access should be limited to ensure your access is no more than
necessary to perform your legitimate tasks or assigned duties. If you believe
you are being granted access that you should not have, you must immediately
notify SafeQual.
For clarity, the foregoing restrictions apply to any access, use, reproduction, scraping, or distribution of Customer content hosted by SafeQual or its affiliates through public-facing websites, subdomains or portals, regardless of whether such content is public or viewable without a login. Any such use that is for the purpose of competitive analysis, data harvesting or to build or enhance a competing product or service is strictly prohibited.
7. Monitoring and Enforcement; Termination. You agree that we may monitor the
Services to (1) comply with any applicable laws, regulations, or other
government requests, (2) operate the Services or to protect our interests and
those of our users and members, and (3) for such other purposes as we may deem
reasonably necessary or appropriate from time to time. More specifically, we
have the right to:
a. Remove or refuse to post any User Contributions (as defined below) for any
or no reason in our sole discretion.
b. Take any action with respect to any User Contribution that we deem necessary
or appropriate in our sole discretion, including if we believe that such User
Contribution violates the Terms of Use, including the Content Standards set
forth below, if we believe that such information could create liability for us,
damage our brand or public image, cause us to lose users (in whole or in part),
or interfere with the services of our ISPs or other suppliers, or if we believe
the User Contribution is abusive, disruptive, offensive, illegal, violates the
rights of, or harms or threatens the safety of users or public, infringes any
intellectual property right, or violates the law.
c. Disclose your identity or other information about you to any third party who
claims that material posted by you violates their rights, including their
intellectual property rights or their right to privacy.
d. Take appropriate legal action, including without limitation, referral to law
enforcement, for any illegal or unauthorized use of the Services.
e. Terminate or suspend your access to all or part of the Services for any or
no reason, including without limitation, any violation of these Terms of Use.
We have the right to cooperate fully with any law enforcement authorities or
court order requesting or directing us to disclose the identity or other
information of anyone posting any materials on or through the Services. YOU
WAIVE AND HOLD HARMLESS SAFEQUAL HEALTH, L.P. AND ITS AFFILIATES, LICENSEES, AND SERVICE
PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE
FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF,
INVESTIGATIONS BY EITHER SAFEQUAL HEALTH, L.P. OR LAW ENFORCEMENT AUTHORITIES.
Notwithstanding the foregoing, we are not responsible for screening, policing,
editing, or monitoring postings and encourage all
users to use reasonable discretion and caution in evaluating or reviewing any
post. We assume no liability for any action or inaction regarding
transmissions, communications, or content provided by any user or third party.
We have no liability or responsibility to anyone for performance or
nonperformance of the activities described in this section.
8. Content Standards. These Content Standards apply to any
and all User Contributions and use of the Services. User Contributions
must in their entirety comply with all applicable federal, state, local, and
international laws and regulations. Without limiting the foregoing, User
Contributions must not:
a. Contain any material that is defamatory, obscene, indecent, abusive,
offensive, harassing, violent, hateful, inflammatory, or otherwise
objectionable.
b. Promote sexually explicit or pornographic material, violence, or
discrimination based on race, sex, religion, nationality, disability, sexual
orientation, or age.
c. Infringe any patent, trademark, trade secret, copyright, or other
intellectual property or other rights of any other person.
d. Violate the legal rights (including the rights of publicity and privacy) of
others or contain any material that could give rise to any civil or criminal
liability under applicable laws or regulations or that otherwise may be in
conflict with these Terms of Use and our Privacy Policy.
e. Be likely to deceive any person.
f. Promote any illegal activity or advocate, promote, or assist any unlawful
act.
g. Cause annoyance, inconvenience, or needless anxiety or be likely to upset,
embarrass, alarm, or annoy any other person.
h. Impersonate any person or misrepresent your identity or affiliation with any
person or organization.
i. Involve commercial activities or sales, such as
contests, sweepstakes, and other sales promotions, barter, or advertising.
j. Give the impression that they emanate from or are endorsed by us or any
other person or entity, if this is not the case.
In addition, you shall be solely responsible for the legality, accuracy and
completeness of all records, data, and information provided, submitted, or
uploaded by you in connection with this Terms of Use or use of the Services.
9. User Contributions. The Services may contain message boards, forums,
bulletin boards, and job boards, (collectively, “Interactive Services”) that
allow users to post, submit, publish, display, or transmit to other users or
other persons (hereinafter, “post”) materials or content, including feedback
(collectively, “User Contributions”) on or through the Services. All User
Contributions must comply with the Content Standards set out in these Terms of
Use. Any User Contribution you post to the site will be considered
non-confidential and non-proprietary. You represent that you have all necessary
rights to make a post, and you also acknowledge that we have no control over
the extent to which any idea or information may be used by any party or person
once it is posted or displayed. By providing any User Contribution on the
Services, you grant us and our affiliates a royalty-free, perpetual,
irrevocable, transferable, non-exclusive right and license for us to adopt,
publish, reproduce, disseminate, transmit, distribute, copy, use, create
derivative works, and display (in whole or in part) worldwide, or act on such
feedback without additional approval or consideration, in any form, media, or
technology now known or later developed for the full term of any rights that may
exist in such content, and you hereby waive any claim to the contrary.
Notwithstanding this right and license, it is understood that by merely
permitting your information, content, and materials to appear on the Services,
we do not become a publisher of such information, content, and materials and is
merely functioning as an intermediary to enable you to provide and display a
posting. Moreover, we assume no responsibility for the deletion of or failure
to store any posting and recommends that you do not
post, display, or transmit any confidential or sensitive information.
We are under no obligation to edit or control User Contributions and will not
be in any way responsible or liable for any User Contributions. You understand
that when using the Services, you may be exposed to User Contributions of other
users and acknowledge that User Contributions may be inaccurate, offensive,
indecent, or objectionable. You agree to waive, and do waive, any legal or
equitable right or remedy you may have against SafeQual with respect to User
Contributions. SafeQual expressly disclaims any and all
liability in connection with User Contributions. If notified by a user or
content owner that User Contributions allegedly do not conform with these Terms
of Use, SafeQual may investigate the allegation and determine in SafeQual’s
sole discretion whether to remove the User Contributions, which SafeQual
reserves the right to do at any time and without notice.
You understand and acknowledge that you are responsible for any User
Contributions you submit or contribute, and you, not SafeQual, have full
responsibility for such content, including its legality, reliability, accuracy,
and appropriateness. We are not responsible or liable to any third party for
the content or accuracy of any User Contributions posted by you or any other
user of the Services.
10. Text Message and Email Communications. We may offer you the opportunity to
receive text message and email notifications regarding notices, reminders,
status updates, support, administrative message and disclosures, or other
related human resource related notices from us or our Customers.
Communications through these methods may be routed through a third-party
service.
Should you allow SMS messages sent to you by SafeQual or SafeQual Customers,
you agree to accept such text messages on your mobile phone including messages
sent by automated telephone dialing system. You certify that you are the owner
of the mobile phone entered or are authorized to use
this mobile phone to receive SMS.
You are responsible for all mobile carrier data or text message charges
resulting from your use of the Services, including from
any notifications provided by the Services. The number of messages you receive
will vary depending on the number of jobs you applied to, jobs you searched
for, or the number Customers you allow to contact you. You may receive a text
message confirming your subscription. SafeQual reserves the right to suspend or
terminate your SMS messages for any reason, with or without notifying you.
Since these text message services depend on the functionality of third-party
providers, there may be technical delays on the part of those providers. SafeQual
may make commercially reasonable efforts to provide alerts in a timely manner
with accurate information, but cannot guarantee the delivery, timeliness, or
accuracy of the content of any alert. SafeQual shall not be liable for any
delays, failure to deliver, or misdirected delivery of any alert; for any
errors in the content of an alert; or for any actions taken or not taken by you
or any third party in reliance on an alert. If your mobile number changes, you
are responsible for informing the Customer of that change. SafeQual MAKES NO
WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO:
(i) THE AVAILABILITY OF TELECOMMUNICATION SERVICES
FROM YOUR PROVIDER; (ii) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE
TELECOMMUNICATION SERVICES; AND (iii) ANY DISCLOSURE OF INFORMATION TO THIRD
PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED
WITH THE SERVICES.
11. Copyright Infringement. Our policy is to respond to notices of
alleged infringement that comply with the Digital Millennium Copyright Act
(“DMCA”). Copyright-infringing materials found on the Services can be
identified and removed via our process listed below, and you agree to comply
with such process in the event you are involved in any claim of copyright
infringement to which the DMCA may be applicable.
If you believe in good faith that your work has been copied in a way that
constitutes copyright infringement, please provide us the written information
specified below. Please note that this procedure is exclusively for notifying
us that your copyrighted material has been infringed. We do not and will not
make any legal decisions about the validity of your claim of
infringement or the possible defenses to a claim. When a clear and valid notice
is received pursuant to the guidelines set forth below, we will respond by
either taking down the allegedly infringing content or blocking access to it.
We may contact the notice provider to request additional information. Under the
DMCA, we are required to take reasonable steps to notify the user who posted
the allegedly infringing content (“Alleged Infringer”). The Alleged Infringer
is allowed under the law to send us a counter-notification. Notices and
counter-notices are legal notices distinct from regular activities or
communications through the Service. We may publish or share them with third
parties in our sole discretion (in addition to producing them pursuant to a
subpoena or other legal discovery request). Anyone making a false or fraudulent
notice or counter-notice may be liable for damages under the DMCA, including
costs and attorneys’ fees. Any person who is unsure of whether certain material
infringes a copyright held by such person or a third
party should contact an attorney.
To file a DMCA notice, the copyright owner must send in a written letter by
regular mail only. We reserve the right to ignore a notice that is not in
compliance with the DMCA, and we may, but are not obligated to, respond to a
non-compliant notice.
A DMCA notice must:
a. Identify specifically the copyrighted work(s) believed to have
been infringed (for example, “My copyrighted work is the picture that appears
at [list location where material is located].”);
b. Identify the content that a copyright owner
claims is infringing upon copyrighted work. The copyright owner must
provide information reasonably sufficient to enable us to locate the item on
the Service. The copyright owner should provide clear screenshots of the
allegedly infringing materials for identification purposes only. The
information provided should be as detailed as possible;
c. Provide information sufficient to permit us to contact the
copyright owner directly: name, street address, telephone number, and email (if
available);
d. If available, provide information sufficient to permit us to
notify the Alleged Infringer (email address preferred);
e. Include the following statement: “I 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”;
f. Include the following statement: “I swear, under penalty of
perjury, that the information in the notification is accurate and that I am the
copyright owner or am authorized to act on behalf of the owner of an exclusive
right that is allegedly infringed”;
g. Be signed; and
h. Be sent to our DMCA designated agent at the following address:
SafeQual
Attention: DMCA Designated Agent
101 Sunnyside Blvd, Suite 201
Plainview, NY 11803
12. Reliance on Information Posted. The information presented on or through the
Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this
information. Any reliance you place on such information is strictly at your own
risk. We disclaim all liability and responsibility arising from any reliance
placed on such materials by you or any other visitor to the Services, or by
anyone who may be informed of any of its contents.
13. Changes to the Services. We may update the content on the Services from
time to time, but its content is not necessarily complete or up to date. Any of
the material on the Services may be out of date at any given time, and we are
under no obligation to update such material.
14. Relay of Content. SafeQual relays content including but not limited to
resumes, cover letters, applications, messages, questionnaire answers,
responses, offer letters and other materials. You acknowledge that you are
asking SafeQual to send this content on your behalf. We process, monitor,
review, store and analyze such content, for data analysis, security, quality
control, enforcement of the Terms of Use, content moderation, and to improve
the Services. As a result, or due to technical malfunction, in certain
circumstances such content may be delayed or may not be delivered to the
intended recipient. SafeQual may notify you in such an event. By using the
Services, you acknowledge that this activity is necessary for maintaining the
quality and provisioning of the Services.
15. Linking to the Services and Social Media Features. You may link to our
homepage, provided you do so in a way that is fair and legal and does not
damage our reputation or take advantage of it, but you must not establish a
link in such a way as to suggest any form of association, approval, or
endorsement on our part without our express written consent. We may disable all
or any social media features and any links at any time without notice in our
discretion.
16. Additional Terms for Third-Party Services. The Services may help
users to access and connect to third parties offering their services outside of
the SafeQual Services or third parties offering their services integrated with SafeQual
Services. SafeQual does not perform nor employ individuals to perform these
services. You acknowledge that SafeQual does not supervise, direct, control or
monitor such third parties in the performance of these services
a. Links and Third-Party Content on the Services. If the Services contains
links to other sites and resources provided by third parties, these links are
provided for your convenience only. This includes links contained in
advertisements, including banner advertisements and sponsored links. We have no
control over the contents of those sites or resources and accept no
responsibility for them or for any loss or damage that may arise from your use
of them. We do not control these services and are not responsible for their
availability, content, or any malware accessed through them. Your
correspondence or any other dealings with third parties found on the Services
are solely between you and such third party.
Accordingly, we expressly disclaim responsibility and liability for all
third-party provided materials, programs, products, and services contained on
or accessed through the Services, and you agree that we shall not be
responsible for any loss or damage of any sort incurred as a
result of any such dealings or as the result of the presence of such
third parties on the Services. If you decide to access any of the third-party
websites linked to the Services, you do so entirely at your own risk and
subject to the terms and conditions of use for such websites. You are advised
to read all terms and conditions of any third-party
service.
b. Specific Third-Party Providers.
-- none at this time --
17. You acknowledge that SafeQual exercises no control over employer
human resource practices implemented using the Service or decisions as to
employment, promotion, termination, or compensation of any job seeker or
personnel. Employers are solely responsible for their postings on the Services.
SafeQual is not to be considered to be an employer
with respect to your use of any SafeQual Service and SafeQual shall not be responsible for any employment decisions, for
whatever reason, made by any entity posting jobs on any SafeQual Service. In
addition, employers are responsible for the privacy, collection, use, retention
and processing of employer owned data, and providing any and
all notices regarding the foregoing, in compliance with all applicable
laws.
18. SafeQual is not a healthcare provider. SafeQual does not engage in
the practice of medicine.
The Services do not provide medical advice and do not create a healthcare
provider/patient relationship between you and SafeQual or otherwise. Any
Services, or content accessed from the Services, are for informational purposes
only and are not intended to replace the advice of your healthcare provider.
Please consult your doctor or other qualified healthcare provider if you have any
questions about a medical condition. Call 911 or Your doctor or other qualified
healthcare provider for all medical emergencies. SafeQual IS NOT RESPONSIBLE OR
LIABLE FOR ANY ADVICE, COURSE OF TREATMENT, DIAGNOSIS OR ANY OTHER TREATMENT OR
INFORMATION THAT YOU MAY OBTAIN THROUGH THE SERVICES.
19. SafeQual’s Disclaimers. You understand that we cannot and do not guarantee
or warrant that files available for downloading from the internet or the
Services will be free of viruses or other destructive code. You are responsible
for implementing sufficient procedures and checkpoints to satisfy your
particular requirements for anti-virus protection and accuracy of data input
and output, and for maintaining a means external to our site for any
reconstruction of any lost data.
SAFEQUAL SHALL NOT BE LIABLE FOR ANY DAMAGES, COSTS, EXPENSES OR OTHER
CONSEQUENCES INCURRED BY YOU OR ANY OTHER PERSON OR ENTITY AS A RESULT OF DELAY
IN OR INABILITY TO DELIVER ANY SERVICES DUE TO CIRCUMSTANCES OR EVENTS BEYOND SAFEQUAL’S
REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION: (A) ACTS OF GOD; (B) CHANGES
IN OR IN THE INTERPRETATION OF ANY LAW, RULE, REGULATION, OR ORDINANCE; (C)
STRIKES, LOCKOUTS, OR OTHER LABOR PROBLEMS; (D) TRANSPORTATION DELAYS; (E)
UNAVAILABILITY OF SUPPLIES OR MATERIALS; (F) FIRE OR EXPLOSION; (G) RIOT,
MILITARY ACTION, OR USURPED POWER; OR (H) ACTIONS OR FAILURES TO ACT ON THE
PART OF A GOVERNMENTAL AUTHORITY.
SAFEQUAL DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM THE SAFEQUAL
SERVICES AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART ON
THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES.
AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT YOUR
CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). ALTHOUGH SAFEQUAL WILL USE
COMMERCIALLY REASONABLE EFFORTS TO TAKE ALL ACTIONS IT DEEMS APPROPRIATE TO
REMEDY AND AVOID SUCH EVENTS, SAFEQUAL CANNOT GUARANTEE THAT SUCH EVENTS WILL
NOT OCCUR. ACCORDINGLY, SAFEQUAL DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM
OR RELATED TO SUCH EVENTS.
YOUR USE OF THE SERVICES, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED
THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, ITS CONTENT, AND ANY
SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND
“AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED. NEITHER SAFEQUAL NOR ANY PERSON ASSOCIATED WITH SAFEQUAL MAKES ANY
WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY,
RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT
LIMITING THE FOREGOING, NEITHER SAFEQUAL NOR ANYONE ASSOCIATED WITH SAFEQUAL
REPRESENTS OR WARRANTS THAT THE SERVICES, ITS CONTENT, OR ANY SERVICES OR ITEMS
OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR
UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT
MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE
SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE
MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, SAFEQUAL HEREBY DISCLAIMS ALL WARRANTIES
OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT
NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS
FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT
CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
20. Limitation on Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
IN NO EVENT SHALL SAFEQUAL, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE
PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS HAVE ANY LIABILITY TO YOU
OR TO ANY OTHER PERSON OR ENTITY ARISING OUT OF OR RELATED TO THIS AGREEMENT,
INCLUDING, WITHOUT LIMITATION, YOUR USE, OR INABILITY TO USE, THE SERVICES,
UNDER ANY CIRCUMSTANCE, CAUSE OF ACTION OR THEORY OF LIABILITY, OR DUE TO ANY
EVENT WHATSOEVER, FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, OR
EXEMPLARY DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY,
PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF BUSINESS
OPPORTUNITY OR PROFIT, LOSS OF USE, LOSS OF GOODWILL OR BUSINESS STOPPAGE, LOSS
OF DATA, EVEN IF FORESEEABLE OR SAFEQUAL KNEW OR SHOULD HAVE KNOWN OF THE
POSSIBILITY OF SUCH DAMAGES.
WITHOUT LIMITATION OF THE FOREGOING, EXCEPT FOR DAMAGES ARISING OUT OF SAFEQUAL’S
GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, THE TOTAL LIABILITY OF SAFEQUAL, ITS
AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS, FOR ANY AND
ALL CLAIMS UNDER THIS AGREEMENT SHALL NOT EXCEED ONE HUNDRED ($100.00) U.S.
DOLLARS.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED
UNDER APPLICABLE LAW.
21. Indemnification. To the extent permitted by law, You agree to defend,
indemnify, and hold harmless SafeQual, its affiliates, licensors, and service
providers, and its and their respective officers, directors, employees,
contractors, agents, licensors, suppliers, successors, and assigns from and
against any claims, liabilities, damages, judgments, awards, losses, costs,
expenses, or fees (including reasonable attorneys’ fees) arising out of or
relating to your violation of these Terms of Use or your use of the Services,
including, but not limited to, your User Contributions, any use of the
Services’ content, services, and products other than as expressly authorized in
these Terms of Use or your use of any information obtained from the Services.
22. General. Unless otherwise stipulated, the Terms of Use, Privacy Policy, and
documents incorporated herein constitute the sole and entire agreement between
you and SafeQual regarding the Services and supersede all prior and
contemporaneous understandings, agreements, representations, and warranties,
both written and oral, regarding the Services. You may not assign any part of
this Terms of Use without SafeQual’s prior written consent. No waiver of any
obligation or right of either party shall be effective unless in writing,
executed by the party against whom it is being enforced. All matters relating
to the Services and these Terms of Use and any dispute or claim arising
therefrom or related thereto (in each case, including non-contractual disputes
or claims), shall be governed by and construed in accordance with the internal
laws of the State of New York without giving effect to any choice or conflict
of law provision or rule (whether of the State of New York or any other
jurisdiction). Any legal suit, action, or proceeding arising out of, or related
to, these Terms of Use or the Services shall be instituted exclusively in the
federal courts of the United States or the courts of the State of New York in
each case located in the County of Nassau although we retain the right to bring
any suit, action, or proceeding against you for breach of these Terms of Use in
your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over
you by such courts and to venue in such courts. At our sole discretion, we may
require you to submit any disputes arising from the use of these Terms of Use
or the Services, including disputes arising from or concerning their interpretation,
violation, invalidity, non-performance, or termination, to final and binding
arbitration under the Rules of Arbitration of the American Arbitration
Association applying New York.
23. Waiver and Severability. No waiver by SafeQual of any term or condition set
out in these Terms of Use shall be deemed a further or continuing waiver of
such term or condition or a waiver of any other term or condition, and any
failure of SafeQual to assert a right or provision under these Terms of Use
shall not constitute a waiver of such right or provision. If any provision of
these Terms of Use is held by a court or other tribunal of competent
jurisdiction to be invalid, illegal, or unenforceable for any reason, such
provision shall be eliminated or limited to the minimum extent such that the
remaining provisions of the Terms of Use will continue in full force and
effect.
24. E-Signatures.
a. E-Signature Provisioning & Consent. If you use E-Signatures offered by SafeQual,
you agree to the statements set forth in this Section. Whenever you sign a
document using E-Signatures you affirmatively consent to using electronic
signatures via the E-Signatures and consent to conducting electronic business
transactions. You also confirm that you are able to
access the E-Signatures and the document you are signing electronically. When
using E-Signatures for a document, your consent applies only to the matter(s)
covered by that particular document.
b. Right to Opt-Out of E-Signatures. You are not required to use E-Signatures
or accept electronic documents provided thereby. If you are a job seeker or
personnel and you choose to not use E-Signatures, you
may still sign the document manually by notifying the sending party that you
are choosing to do so and by obtaining a non-electronic copy of the document. SafeQual
assumes no responsibility for providing you with a non-electronic version of
the document. In the event you are choosing to sign the document manually, do
not use E-Signatures to sign the document or to return the document to the
sending party.
c. Electronic Download. If you have signed a document electronically using
E-Signatures and transmitted it back to the sending party, SafeQual provides
the opportunity to download and print a paper copy of the document at no
charge. If you later withdraw your consent to using E-Signatures, please notify
the sending party and stop using E-Signatures. Note that the decision to stop
using E-Signatures after you have already used it does not change the legality
of the documents you have previously signed using an electronic signature.
d. E-Signature Validity. PLEASE NOTE THAT SAFEQUAL’S STATEMENTS CONTAINED
HEREIN OR ELSEWHERE CONCERNING THE VALIDITY OF ELECTRONIC DOCUMENTS AND/OR THE
SIGNATURE LINES OF DOCUMENTS THAT ARE ELECTRONICALLY SIGNED ARE FOR
INFORMATIONAL PURPOSES ONLY; THEY SHOULD NOT BE CONSTRUED AS LEGAL ADVICE.
UNDER FEDERAL AND STATE LAWS GOVERNING ELECTRONIC SIGNATURES, ELECTRONIC
SIGNATURES ON CERTAIN TYPES OF AGREEMENTS ARE NOT ENFORCEABLE. SAFEQUAL HEREBY
DISCLAIMS ANY RESPONSIBILITY FOR ENSURING THAT DOCUMENTS ELECTRONICALLY SIGNED
THROUGH E-SIGNATURES ARE VALID OR ENFORCEABLE UNDER THE LAWS OF THE UNITED
STATES OF AMERICA, ANY PARTICULAR STATE, OR ANY OTHER LEGAL JURISDICTION. YOU
SHOULD CONSULT WITH LEGAL COUNSEL CONCERNING THE VALIDITY OR ENFORCEABILITY OF
ANY DOCUMENT YOU MAY SIGN ELECTRONICALLY USING SAFEQUAL’S E-SIGNATURES.
25. Your Comments and Concerns.
This website is operated by SafeQual
For further information relating to the legal issues contained in these Terms or problem reports regarding this service, please contact us at:
SafeQual
ATTN: Website Feedback and Legal Matters
101 Sunnyside Blvd, Suite 201
Plainview, NY 11803
If you are a user employed by a SafeQual Customer, please contact us through
the normal single point of service (SPOC) service contact we provide.