USER TYPES – The Safe Gatherings Service may be used by multiple types of users, including any individual who submits an application (“Applicant”), provides reference information (“Reference”), and/or has administrative access (“Administrator”) (collectively known as “Licensees”). Each Licensee, by submitting an application, providing a reference, accessing any administrative functions, or in any other way utilizing the Service, enters into a non-exclusive, non-transferrable license to use the Service and to adhere to the TOS.
DISCLAIMER – Safe Gatherings provides the content and information contained in the Service as a service to Licensee. Safe Gatherings believes that the content and information is correct and accurate as of the date posted and has no reason to believe otherwise. However, Safe Gatherings does not guarantee the correctness or accuracy of the information and will not be responsible for incorrect or inaccurate information or any damage or loss suffered by any person as a result of reliance on such information by any person. Furthermore, Safe Gatherings is not responsible for information provided to Licensee that has been modified, customized, and/or approved by a Safe Gatherings client organization (a “Client”). Licensee understands and agrees that the Service is provided “AS-IS” and that Safe Gatherings assumes no responsibility for the timeliness, deletion, mis-delivery, or failure to store any user communications or personalized settings.
REFUNDS – No refund shall be granted after submission of Applicant’s application, as the submission triggers immediate charges to Safe Gatherings and Clients by third-party organizations. This refund policy also applies to any Client that pays on behalf of their organization’s Applicants.
APPLICANT OBLIGATIONS – In consideration of Applicant’s use of the Service, Applicant agrees to: (a) provide true, accurate, current, and complete information about Applicant and (b) maintain and promptly update the data to keep it true, accurate, current, and complete. If Applicant provides any information that is untrue, inaccurate, not current, or incomplete, or Safe Gatherings has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Safe Gatherings has the right to suspend or terminate Applicant’s account, reject Applicant’s application or notify the appropriate Client of such information, and refuse any and all current or future use of the Service (or any portion thereof) to Applicant. By using the Services, Applicant authorizes Safe Gatherings or Safe Gatherings’ Client to conduct any necessary background check(s) for the purpose of obtaining information necessary for the review of Applicant’s application. Applicant has reviewed the Disclosure Regarding Background Investigation and Authorization forms included as part of Applicants Safe Gatherings application. Applicant also waives all rights to read any information submitted by a Reference, so that References may respond without bias. Applicant authorizes Safe Gatherings or Safe Gatherings’ Client to review the application, background check(s), references, and all related documentation in order to make a decision to approve or reject Applicant’s application.
REFERENCE OBLIGATIONS – Reference agrees to provide, to the best of his/her ability, true, accurate, current and complete information about Applicant. If it is reasonably determined that a Reference provided any information that is untrue, inaccurate, not current, or incomplete, or Safe Gatherings has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, Safe Gatherings has the right to delete the Reference’s information and allow Applicant to submit a new Reference request.
SAFE GATHERINGS REVIEW – Safe Gatherings provides the review of Applicant’s application and related documentation as part of the Service to the Applicant, Administrators, and/or Clients. Safe Gatherings bases all Applicant approvals or rejections off of the information provided in the application, background checks, information provided by References, completion of the training, and any other information received about Applicant during the process. Affirmative responses to any questions relating to crimes against children, rape, sexual or physical assault, will result in the rejection of Applicant’s application; however, Safe Gatherings reserves the right to reject any Applicant for any or no reason. Incomplete application processes will not be considered for approval by Safe Gatherings. Applicant authorizes Safe Gatherings to share Applicant’s application status, related information, and the approval or rejection of Applicant’s application with the organization(s) for which Licensee is seeking to work with children, youth, or vulnerable adults (the “Organization”), and/or the Organization’s parent company, denomination, district office, regional office, or other organization to which the Organization reports.
USE OF RESULTS – The Service is intended to be used by Licensee and Organizations to determine those individuals, whether employees or volunteers, who should be permitted to work with children, youth, and/or vulnerable adults. Any organization that uses the Service for any other purpose, does so without the knowledge of Safe Gatherings.
MEMBER ACCOUNT, PASSWORD AND SECURITY – Licensee may receive and/or create usernames and passwords to access the Services. Licensee is responsible for maintaining the confidentiality of all usernames, passwords, and account information, and is fully responsible for all activities and data integrity that occur under Licensee’s password or account. Licensee agrees to (a) immediately notify Safe Gatherings of any unauthorized use of Licensee’s password or account or any other breach of security, and (b) ensure that Licensee exits from Licensee’s account at the end of each session. Safe Gatherings cannot and will not be liable for any loss or damage arising from Licensee’s failure to comply with this section.
BACKGROUND CHECKS – The Service utilizes third-party background check companies, and the information they provide to help Safe Gatherings and/or Clients make informed decisions on who should be approved to work with children, youth, and vulnerable adults. Licensee understands that background checks are conducted by third-party organizations and that Safe Gatherings and Clients do not maintain the information sources used for background checks, and therefore cannot be a guarantor that the information received in a background check is absolutely accurate or current. If an adverse action is taken based on the information contained in Licensee’s background check, Licensee may have rights per Section 609c of the FCRA.
CONFIDENTIALITY OF INFORMATION – Safe Gatherings agrees to keep Licensee’s personal information confidential and to (A) restrict disclosure of any Confidential Information solely to its employees and other similar representatives who have a need to know such information and to advise such persons of their obligations of confidentiality and non-disclosure hereunder; and (B) to use reasonable means, not less than those used to protect its own proprietary information, to safeguard such Confidential Information. Notwithstanding the foregoing, Licensee agrees that Safe Gatherings may provide information from Licensee’s application, references, background checks, and course completion information to the Organization and/or the Organization’s parent company, district office, regional office, or other organization to which the Organization reports, and such disclosure does not constitute a breach of confidentiality. It shall not be a breach of confidentiality for Safe Gatherings to share such information if compelled to do so under law, whether pursuant to a judicial or governmental investigation or proceeding or otherwise.
NO RESALE OF SERVICE – Licensee agrees not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any content or other portion of the Service or Software, use of the Service, or access to the Service without the express written authorization of Safe Gatherings.
MODIFICATIONS TO SERVICE – Safe Gatherings reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. Licensee agrees that Safe Gatherings shall not be liable to Licensee or to any third party for any modification, suspension, or discontinuance of the Service.
LINKS – The Service may provide, or third parties may provide, links to other websites or resources. Because Safe Gatherings has no control over such sites and resources, Licensee acknowledges and agrees that Safe Gatherings is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. Licensee further acknowledges and agrees that Safe Gatherings shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such site or resource.
SAFE GATHERINGS’S PROPRIETARY RIGHTS – Licensee acknowledges and agrees that the Service and any necessary software used in connection with the Service (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Licensee further acknowledges and agrees that content or information presented to Licensee through the Service is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Except as expressly authorized by Safe Gatherings or advertisers, Licensee agrees not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service or the Software, in whole or in part. Safe Gatherings grants Licensee a personal, non-transferable, and non-exclusive right and license to use the Software; provided that Licensee does not (and does not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in the software or content provided within the Service. Licensee agrees not to modify the software or content in any manner or form, or to use modified versions of the software or content, including (without limitation) for the purpose of obtaining unauthorized access to the Service. Licensee agrees not to access the Service by any means other than through the interface that is provided by Safe Gatherings for use in accessing the Service.
DISCLAIMER OF WARRANTIES – LICENSEE EXPRESSLY UNDERSTANDS AND AGREES THAT:
LICENSEE’S USE OF THE SERVICE IS AT LICENSEE’S SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SAFE GATHERINGS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
SAFE GATHERINGS MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET LICENSEE’S REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY LICENSEE THROUGH THE SERVICE WILL MEET LICENSEE’S EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT LICENSEE’S OWN DISCRETION AND RISK, AND THAT LICENSEE WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO LICENSEE’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY LICENSEE FROM SAFE GATHERINGS OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
LIMITATION OF LIABILITY – LICENSEE EXPRESSLY UNDERSTANDS AND AGREES THAT SAFE GATHERINGS, IT’S AFFILIATES, OR THEIR DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SAFE GATHERINGS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF LICENSEE’S TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
EXCLUSIONS AND LIMITATIONS – SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 16 AND 17 MAY NOT APPLY TO LICENSEE.
TRADEMARK INFORMATION – Safe Gatherings and the Safe Gatherings logo are registered marks of U, Inc. (the “Safe Gatherings Marks”). Without Safe Gatherings’ prior permission, Licensee agrees not to display or use the Safe Gatherings Marks in any manner.
COPYRIGHTS AND COPYRIGHT AGENTS – Safe Gatherings respects the intellectual property of others, and we ask our users to do the same. If Licensee believes that Licensee’s work has been copied in a way that constitutes copyright infringement, please provide Safe Gatherings with the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
a description of the copyrighted work that Licensee claims has been infringed;
a description of where the material that Licensee claims is infringing is located on the site;
Licensee’s address, telephone number, and email address;
a statement by Licensee that Licensee has a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
a statement by Licensee, made under penalty of perjury, that the above information in Licensee’s Notice is accurate and that Licensee is the copyright owner or is authorized to act on the copyright owner’s behalf.
FORCE MAJEURE – In the event Safe Gatherings is unable to perform its obligations hereunder as a result of any contingency which is beyond Safe Gatherings reasonable control (such as any act of God, war, riot, national emergency, terrorist act, general embargo, fire, casualty, equipment failure, failure by a third party, earthquake or other similar occurrence, or failure or slow speed of the Internet) (each a “Force Majeure Event”), Safe Gatherings shall be excused from its liability to perform their obligations hereunder, but only to the extent and for the duration of the Force Majeure Event in question, and shall resume performance hereunder as soon as reasonably practicable following such an occurrence.
GENERAL INFORMATION – The TOS constitute the entire agreement between Licensee and Safe Gatherings and govern Licensee’s use of the Service, superseding any prior agreements between Licensee and Safe Gatherings. Licensee also may be subject to additional terms and conditions that may apply when Licensee uses affiliate services, third-party content, or third-party software. The failure of Safe Gatherings to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. Licensee agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.
VIOLATIONS – Please report any violations of the TOS to Safe Gatherings immediately.
GOVERNING LAW; VENUE – This License and these TOS shall be governed by and shall be construed, interpreted and enforced in accordance with the laws of the State of Kansas, without reference to principles of conflicts of law. The parties agree that the sole and exclusive venue for any and all disputes arising hereunder shall be in any court located in Johnson County, Kansas, The parties hereby irrevocably consent to the jurisdiction of the appropriate court in Johnson County, Kansas. The parties irrevocably submit and consent, and irrevocably waive any and all objections which any party may now or hereafter have, to process being served in any such suit, action or proceeding referred to in the preceding subsection pursuant to the rules of the applicable court, including, without limitation, service by certified or registered mail, return receipt requested.