By filing a report with Red Flag Reporting, you acknowledge and agree to the following:
Red Flag Reporting (“RFR”), subject to an agreement with its clients, offers services to obtain information from employees and others regarding illegal, unethical and unsafe activity or, separately, for inquiries related to the California Consumer Privacy Act (“the Act”). The information obtained by RFR is then provided to its client’s authorized representative without evaluation or alteration by RFR.
Accuracy of Information
RFR provides no assurances on the accuracy or reliability of information gathered. RFR does not investigate matters reported to it and is not responsible for resolving them. The client of RFR, for which the report relates to, is responsible for report investigation and resolution and is also responsible for complying with all laws related to the investigation and protection of such information. The client is also responsible for the protection of all rights of all persons accused of any offense, those making inquiries related to the Act, and those represented as making inquiries related to the Act. Please be aware that intentionally submitting false or misleading information may lead to civil and/or criminal prosecution.
For those filing reports regarding illegal, unethical, unsafe or similar activity, you will be given the opportunity to either:
- Identify who you are (preferred so that your employer can best assist you),
- Remain anonymous but communicate directly with management,
- Remain anonymous but communicate indirectly with management, or
- Remain anonymous and not communicate with management.
To remain anonymous, do not provide any personal identifying information, including on any documents you upload into your report. Please be aware that even if you choose anonymity, facts gathered during an analysis of your concern(s) may point to your identity.
For those making inquiries related to the Act, you must identify yourself so that the client of RFR can help you. Note that the client of RFR may be required to verify your identity in order to assist you.
Maintaining the security of your data is important to us. RFR takes technological, procedural, contractual, and physical security measures to safeguard your data. For protection, all data on our platform is submitted over a secure socket layer encrypted connection.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL RFR OR ITS AFFILIATED COMPANIES BE LIABLE TO YOU OR ANY USER BECAUSE OF USE OR MISUSE OF THIS SERVICE. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SERVICE, FROM INABILITY TO USE THE SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICE.
UNDER NO CIRCUMSTANCES SHALL RFR OR ITS AFFILIATED COMPANIES BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING FROM ANY CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR civil unrest, DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, pandemics, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, OR NON-PERFORMANCE OF THIRD PARTIES.
DISCLAIMER OF WARRANTIES
EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED HEREIN, THE PRODUCTS AND SERVICES PROVIDED BY RFR ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. RFR EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT THERETO, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM, USAGE OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Governing Law; Venue
These terms shall be governed by the laws of the State of Ohio, without reference to any conflict of laws principles, and all claims, actions, and other proceedings relating to the subject matter hereof shall be brought and heard exclusively in the courts of Summit County, Ohio. User hereby consents to jurisdiction and venue of such courts and waives any right to object to such jurisdiction or venue.
If RFR is required to resort to legal action for the redress of a breach hereof by User, RFR, if successful, shall be entitled to an award of all of its reasonable attorney fees and costs.
“Force Majeure Event” means the occurrence of, but not limited to, the action or inaction of any governmental, civil or military authority; a strike, lockout or other labor dispute; a fire, flood, war, riot, theft, earthquake, pandemic, epidemic, or other natural disaster; or acts of terrorism or other civil disturbance, which in each case causes RFR to be unable to comply or performance is made impracticable without its fault by the occurrence of the event, RFR shall not be in breach of its obligations or liable to User for any losses or damages arising out of such non-performance.
Customer shall treat all confidential and proprietary information and materials of RFR strictly confidential and shall not disclose such information or materials to any third party.