PLEASE READ THE FOLLOWING TERMS OF USE AGREEMENT (“AGREEMENT”) CAREFULLY. IF YOU AGREE, PLEASE PROCEED TO USE THE REPORTINTG FORM ON THIS WEBSITE. HOWEVER, IF YOU ARE NOT IN AGREEMENT WITH ANY OF THE PROVISIONS SET FORTH HEREIN, PLEASE DO NOT ACCESS OR USE OUR SITE TO REPORT YOUR CONCERN. RATHER, PLEASE GO TO YOUR HR DEPARTMENT DIRECTLY.

 

THIS AGREEMENT IS EFFECTIVE AS OF JANUARY 1, 2023.

 

By filing a report with ViaVision Hotline, you acknowledge and agree to the following:

 

Information Gathered

ViaVision Group (“VVG”), through its service ViaVision Hotline at www.viavisionhotline.com, subject to an agreement with its clients, offers to obtain information from employees and others regarding illegal, unethical, and unsafe activity related to the client.  The information obtained by VVG is then provided to its client’s authorized representative without evaluation or alteration by VVG.  VVG provides no assurances related to the accuracy or reliability of information gathered. VVG does not investigate or resolve issues or concerns you submit.  You understand and acknowledge that the sole obligation of VVG to you is to receive the information you report and deliver such information to the authorized representative of the VVG client indicated with your filing.  Please be advised that VVG clients, and not VVG, are solely responsible for evaluating the information passed on to them by VVG and complying with all applicable local, state, or federal laws relating to the investigation and protection of the information submitted.  The client is also responsible for the protection of all rights of all persons accused of any offense.  intentionally submitting false or misleading information may lead to civil and/or criminal prosecution.

 

Anonymity

When filing your report and providing information through viavisionhotline.com, you will be given the opportunity to do so anonymously.  To remain anonymous, do not provide any personal identifying information, including 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.

 

Security

Maintaining the security of your data is important to us. VVG 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.

 

Privacy

By filing a report, you acknowledge and agree to our Privacy Policy found at https://www.viavisionhotline.com/privacy-policy.

 

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES VVG OR ITS AFFILIATED COMPANIES SHALL 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 VVG 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, PENDEMICS, 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 VVG ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. VVG 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.

ENFORCEABILITY

If any part of this Agreement is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.  You agree that no joint venture, partnership, employment, or agency relationship exists between you and VVG as a result of this Agreement or your use of www.viavisionhotline.com.

 

LIMITATIONS

VVG is not a substitute for reporting criminal activity to law enforcement or other federal, state, and local regulatory agencies. The services provided by VVG are not intended to be an emergency hotline or substitute for calling 911 or other emergency service providers. In the event of an emergency or to report immediate threats to life or property, you should call 911 or local emergency services.

 

PROPRIETARY RIGHTS

You do hereby acknowledge and agree that VVG and any essential software that may be used in connection with our services shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws.

 

NOTICE

VVG reserves the right at any time it may deem fit, to modify, alter, and or discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior notice. Continued use of any part of this website constitutes your acceptance of such changes. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our services, or any part thereof.

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CHOICE OF LAW AND FORUM

This Agreement and your use of viavisionhotline.com shall be governed by the laws of the State of California without regard to its conflict of law provisions.  You irrevocably consent to the personal jurisdiction of the federal and state courts located in Sacramento, California for any matter arising out of or relating to this Agreement and your use of viavisionhotline.com. 

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