FRAUD HOTLINE, LLC has entered into an agreement with the subscriber to provide an anonymous and confidential third-party method of reporting certain incidents and concerns regarding the subscriber’s organization that are self-reported by employees, board members, or others that the subscriber provides with access. The type of incidents and concerns may include, but are not limited to: accounting and financial issues (embezzlement, misappropriations, accounting errors, omissions, misrepresentations, financial statement fraud, internal control problems, bribery, kickbacks, corruption, falsification of contracts/reports/official records/other documents), compliance and ethics reporting (conflicts of interest, self-dealing, misuse of company property, theft of inventory/assets/intellectual property, vandalism, sabotage, ethics violations, misconduct), and human resource matters (discrimination, harassment, workplace violence/retaliation, substance abuse, privacy law compliance, identity theft, security of personal information, unfair labor practices).
FRAUD HOTLINE, LLC will receive anonymous reports of incidents or concerns from anonymous reporting parties via the secure website form (www.fraudhl.com) or toll-free number (1-855-FRAUD-HL). FRAUD HOTLINE, LLC agrees only to receive and report incidents and concerns to the subscriber’s designated recipients via email as received from the reporting parties and will take no action to address the subject matter or ensure the accuracy, reliability, completeness, timeliness, or validity of any information related to incidents and concerns reported through this system. FRAUD HOTLINE, LLC will not provide any identifying information of the reporting parties, unless the reporting parties specifically include their identifying information in the report. The subscriber maintains full responsibility for reviewing, investigating, acting, or not acting, based upon the information submitted by the reporting parties.
The subscriber agrees that the only service provided by FRAUD HOTLINE, LLC is to receive and report anonymous information related to incidents and concerns provided by reporting parties to the subscriber’s designated recipients. Each subscriber, its officers, directors, owners, employees and agents release FRAUD HOTLINE, LLC and its respective members, managers, officers, directors, employees, successors, predecessors, or agents and assigns from any and all liability, claims, actions, causes of actions and damages which relate in any way to FRAUD HOTLINE, LLC or the subscriber’s actions or failures to take action as the result of having received, or been available to receive, information related to any anonymous and confidential incident or concern reported. FRAUD HOTLINE, LLC is not a substitute for reporting criminal activity to law enforcement or other federal, state, and local regulatory agencies.
FRAUD HOTLINE, LLC, its members, managers, officers, directors, employees, successors, predecessors, agents and assigns will not be liable for any loss or injury caused, in whole or in part, by its actions, omissions, or negligence, or for contingencies beyond its control, in procuring, compiling, or delivering information; any errors, omissions, or inaccuracies in the information provided regardless of how caused, or delays or interruptions in delivery of information; or any decision made or action taken or not taken or reliance upon the information furnished. Under no circumstances shall FRAUD HOTLINE, LLC be liable for any losses or damages whatsoever, whether in contract, tort or otherwise, from the use of, or reliance on, the information received by the reporting parties. FRAUD HOTLINE, LLC, its members, managers, officers, directors, employees, successors, predecessors, agents and assigns will not be liable for any incidental, direct, indirect, punitive, actual, consequential, special, exemplary or other damages, including loss of revenue or income, pain and suffering, emotional distress or similar damages.
FRAUD HOTLINE, LLC will maintain records of incidents and concerns submitted for a period of one (1) year from the date received. Subscriber is responsible for retaining information related to all incidents and concerns received using the service and for responding to any legal inquiries or subpoenas for information arising from the incidents and concerns submitted.
FRAUD HOTLINE, LLC is not intended to be used by publicly traded companies, organizations located outside of the United States, or to fulfill an organization’s obligations under federal, state, local, or other regulatory agencies.
Subscribers and reporting parties agree that any dispute between a subscriber or reporting party, on the one hand, and FRAUD HOTLINE, LLC, on the other hand, that cannot be resolved in a mutually satisfactory manner may be submitted to confidential arbitration in Santa Barbara County, California and shall be conducted under the rules prevailing under J.A.M.S.. The Arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. The Arbitrator shall be authorized to award attorneys’ fees and costs to the prevailing party, as determined by the Arbitrator.