TraumaLine1 connects Service Providers and Service Seekers.
TraumaLine1 is a communications platform for enabling the connection between individuals seeking services (“Service Seekers”) and/or individuals seeking to provide services (“Service Providers”) (collectively, “Users”). Users do hereby represent, understand and expressly agree that TraumaLine1 does not have liability for or control over the veracity of Users or the quality, timing, legality or any other aspect whatsoever of the services actually delivered by the Service Providers, nor of the veracity, integrity, responsibility or any of the actions whatsoever of the Service Seekers. All Users do hereby expressly agree not to hold TraumaLine1 (or TraumaLine1’s agents, assigns, representatives, advertisers or employees) liable for any instruction, advice, act, omission, or services delivered which originated through the Site and TraumaLine1 expressly disclaims any liability whatsoever for any damage, suits, claims, and/or controversies that have arisen or may arise, whether known or unknown therefrom.
Users of the Site contract between themselves. In no way is TraumaLine1 involved in transactions for services to be rendered by any User. If there are any issues concerning advice and/or service received or payment due, Users must deal directly with the other User to resolve any disputes. TraumaLine1 will not be held responsible and expressly disclaims any liability whatsoever for any claims and/or controversies that may arise for any disputes between any Users. By using this Site, you do hereby represent, understand, and expressly agree to hold TraumaLine1 harmless for any claim or controversy that may arise from any disputes between Users of the Site. TraumaLine1 will make a good faith effort to terminate Users if a background check report indicates that the User does not meet the Eligibility Conditions and TraumaLine1 reserves all of its rights under the Communications Decency Act, including (without limitation) its right to remove material objectionable to TraumaLine1. By using this Site, you do hereby agree to report any alleged improprieties of any Users to TraumaLine1 immediately by notifying TraumaLine1 of the same via electronic correspondence at info@TraumaLine1.com
If the Site contains profiles, email systems, blogs, message boards, applications, job postings, chat areas, news groups, forums, communities, and/or other message or communication facilities (“Public Areas”) that allow a User to communicate with any other User, Users do hereby expressly represent, understand and agree to use such community areas only to send and receive messages and material that are lawful, relevant and proper to the applicable forum. Any usage of the Site by any User that TraumaLine1 finds inappropriate and/or offensive in its sole discretion may result in immediate suspension or revocation of the privilege to use this Site. TraumaLine1 reserves the right to revoke or suspend the privilege of any user to use this Site at any time and at its sole discretion whether for any reason or no reason at all. Users agree not to:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any profane, defamatory, infringing, obscene or unlawful topic, name, material or information.
- Use the Site for any purpose which is in violation of local, state/provincial, national or international law.
- Upload files that contain software or other material that violates the intellectual property rights (or rights of privacy or publicity) of any third party.
- Upload files that contain viruses, corrupted files, or any other similar software or Services that may damage the operation of another’s computer.
- Advertise or offer to sell any goods or services for any commercial purpose on the Site which are not relevant to the services offered on the Site.
- Conduct or forward surveys, contests, pyramid schemes, or chain letters.
- Impersonate another person or allow any other person or entity to use User’s identification to post or view comments.
- Post the same note repeatedly (referred to as ‘spamming’); spamming is strictly prohibited.
- Download any file posted by another User that a User knows, or reasonably should know, cannot be legally distributed through the Site.
- Restrict or inhibit any other User from using and enjoying the Public areas.
Eligibility Certification; User Obligations
By becoming or attempting to become a Service Provider or, or by using this site, every Service Provider certifies that the Service Provider meets and will continue to meet the following conditions for as long as the Service Provider uses the Site or service:
- The Service Provider is at least 18 years old and is legally authorized to work within the jurisdiction of the United States and/or Canada;
- The Service Provider has not been convicted of a crime of any nature, including any felony or any misdemeanor of any kind, and has not been convicted of any sexual offenses;
- The Service Provider further represents that said Service Provider is not currently out on bail or on Service Provider’s own recognizance pending trial, relating to any felony or misdemeanor charges or sexual offenses of any kind.
Each Service Provider makes the above certification and agrees that
- TraumaLine1 may rely on it as true, and
- may change the conditions from time to time and require new certifications.
Users acknowledge that TraumaLine1 does not have actual knowledge that the Eligibility Certification is true.
Service Providers and Service Seekers agree to make their own decisions and assessments about persons they employ. TraumaLine1 does not independently verify that any or all of the Eligibility Conditions are met by any User.
If TraumaLine1 becomes aware (such as through a background/security check) that an Eligibility Condition is not met or appears not to be met, TraumaLine1 may terminate the Service Provider without notice or refund and each Service Provider agrees to make no further use of the Site or Service after termination. TraumaLine1 reserves the right (but does not undertake any duty) to take appropriate legal action, including without limitation, the pursuit of civil, criminal, and/or injunctive redress. TraumaLine1 hereby disclaims, and each User agrees TraumaLine1 shall not have, any liability whatsoever for:
- any inaccuracy of a User’s Eligibility Certification or any information or inaccuracy in any background check report, other consumer report, identity report or other report from a Verification Service, or
- misstatements and/or misrepresentations made by any User of this Site. Users hereby represent, warrant, and agree to indemnify, defend and hold TraumaLine1 harmless from and against the foregoing.
Links and Account Information
The Site and Service may be used to find, select and connect with other Users for the purpose of receiving or providing services and/or goods. The Site and related services may not be used by any person to recruit for another website, solicit, advertise, or contact in any form Users for employment, contracting, or any other purpose for a business not affiliated with TraumaLine1 without express written permission from TraumaLine1. Should TraumaLine1 find that you violate the terms of this section or any terms stated herein, TraumaLine1 reserves the right to terminate your use of this Site at its sole discretion at any time, and further reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
Commercial Use Prohibition
The Site is for the use of individual Users only and may not be used in connection with any commercial endeavors (other than the direct employment of a Service Provider by a Service Seeker) without the express written consent of TraumaLine1 in advance. Organizations, companies, and/or businesses may only register as an Agency or advertiser and may not use the Service or the Site for any illegal or unauthorized purpose, including (but not limited to) collecting usernames and/or email addresses of members by electronic or other means, unless express written permission from TraumaLine1 is obtained in advance. TraumaLine1 reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress in the event that any User violates the terms of this section. Use of the Site is with the permission of TraumaLine1. TraumaLine1 reserves the right to terminate your use of this Site at its sole discretion at any time.
Specific Terms and Conditions
TraumaLine1 is a communications platform for enabling the connection between Users. TraumaLine1 does not take part in the interaction between Users. TraumaLine1 does not have control over the quality, timing or legality of services actually delivered by its Users. TraumaLine1 makes no representations about the suitability, reliability, timeliness, and accuracy of the service provided by Users identified through the Site whether in public, private, or offline interactions. Due to the nature of the Internet and the difficulty of and restrictions on verifying individuals, TraumaLine1 does not confirm that each User is who they claim to be, however, TraumaLine1 has established a forum for Users to provide Verification of Licensing through a Regulatory Body and to conduct related screening activities. TraumaLine1 does not assume any responsibility for the accuracy or reliability of this information or any information on this Site. TraumaLine1 does not assume and expressly disclaims any liability that may result from the use of any information available on or through the Site or other consumer report or identity report.
In the event that you have a dispute with one or more Users, you release TraumaLine1 (and our officers, directors, agents, investors, subsidiaries, and employees) from all claims, demands, or damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Information Provided by Users
“Your Information” is defined as any information you provide to us or other Users through the Site. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information. With respect to Your Information, you hereby represent and warrant to TraumaLine1 that Your Information (or any items or contents listed therein):
- shall not be false, inaccurate or misleading;
- shall not be fraudulent or involve the sale of counterfeit or stolen items;
- shall not infringe any third party’s copyright, patent, trademark, trade secret or other proprietary right or rights of publicity or privacy;
- shall not violate any law, statute, ordinance, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
- shall not be defamatory, libelous, unlawfully threatening, or unlawfully harassing;
- shall not be obscene or contain child pornography or be harmful to minors;
- shall not contain any viruses, Trojan Horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
- shall not create liability for TraumaLine1 or cause TraumaLine1 to lose (in whole or in part) the services of our ISPs or other partners or suppliers. Solely to enable TraumaLine1 to use Your Information, so we are not violating any rights you might have in that information, you hereby grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity rights, and any other rights you have in Your Information, in any media now known or not currently known.
Billing and Payment Policy
All Service Providers selecting a paid level of membership to the Site are obligated to pay for the services of the Site, unless specifically notified otherwise. The price structure may change in the future, but Service Providers lock into the rate and term of the subscription they choose upon registration. At the end of the subscription term, new pricing may be in effect at the time of Service Provider membership renewal. Pricing may be altered by any promotion selected at the time of registration. For all fees, TraumaLine1 will charge the User’s credit card or initiate payment through PayPal according to the agreed-upon fee between User and TraumaLine1 for use of the services of the Site. While TraumaLine1 will use reasonable commercial efforts to ensure the privacy of all fee payment systems and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties. User does hereby agree to hold TraumaLine1 harmless for any damages that may result therefrom. TraumaLine1 will use a third party service to process credit card information. The designated fee processing system will be through PayPal’s secure site. For further information regarding that service, please contact TraumaLine1 to request information about TraumaLine1’s credit card processing company or visit www.PayPal.com to learn about their security protocols for online transactions.
An eligible Service Provider may reinstate a subscription that has expired. A new price structure may apply at reinstatement.
Renewal and Cancellation
Service Provider subscriptions will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected at the prior term’s subscription rate. TraumaLine1 will continue to renew subscriptions until the User requests a cancellation. If a Service Provider cancels the subscription, the Service Provider will have access to subscription benefits until the end of the then-current subscription term; the subscription will not be renewed after that term expires. However, Service Provider will not be eligible for a prorated refund of any portion of the subscription fees paid for the then-current subscription period
Users agree not to hold TraumaLine1, TraumaLine1’s agents and employees, officers, directors, corporate partners, or participants liable for any advice or services delivered which originated through the Site or otherwise were provided by a User. Users release TraumaLine1 and its agents, officers, directors, corporate partners, and employees from claims, demands and damages (actual or consequential) of every kind and nature, known and unknown, disclosed and undisclosed, arising out of or in any way connected with any such disputes.
By agreeing to the terms of this Agreement, Users agree to indemnify, defend, and hold harmless TraumaLine1, its directors, officers, employees, agents, licensors, attorneys, independent contractors, providers, subsidiaries, and affiliates (collectively referred to herein as “TraumaLine1”) from and against any and all claim, loss, expense or demand of liability, including attorneys’ fees and costs incurred by TraumaLine1 and Affiliates in connection with any claim by a third party (including an intellectual property claim) arising out of
- materials and content Users submit, post or transmit through the Site, or
Users further agree that they will cooperate as reasonably required in the defense of such claims. TraumaLine1 and affiliates reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Users, and Users shall not, in any event, settle any claim or matter without the written consent of TraumaLine1. Users further agree to hold harmless TraumaLine1and Affiliates, as well as, if applicable, the User’s employer or anyone who pays for the Service on the User’s behalf, from any claim arising from a third party’s use of information or materials of any kind that they transmit through or post on the Site.
*[In the future we may offer an internal search and purchase service for employees of companies who initiate a contract with TraumaLine1. This option is not in place at this time]
Term of Agreement
This Agreement will become effective immediately upon any use by any User of the Site and shall remain effective unless terminated by TraumaLine1 as provided hereunder. TraumaLine1 may terminate this Agreement by providing the affected User or Users with written or email notice of such termination, which shall be effective immediately upon delivery of such notice to the User or Users. This notice may be included in or accompany notices of “adverse action” given when termination is based on information in a consumer report (such as a security/background check). Furthermore, TraumaLine1 may terminate this Agreement immediately for any breach of this Agreement or any applicable policy of TraumaLine1 as posted on the Site from time to time. If TraumaLine1 terminates a Service Provider’s membership in the Site because the Service Provider has breached this Agreement, the Service Provider will not be entitled to any refund of unused subscription fees. All decisions regarding the termination of accounts shall be made in the sole discretion of TraumaLine1. Except as required by law, TraumaLine1 is not required to provide any User with notice prior to terminating the User’s membership and/or subscription. Except as required by law, TraumaLine1 is not required to disclose, and may be prohibited from disclosing, a reason for the termination of the Service Provider’s account. Even after the Service Provider’s membership or subscription is terminated, this Agreement will remain enforceable against such terminated Service Providers. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.
Intellectual Property Rights
All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces and other content (collectively “Proprietary Material”) that Users see or read on the Site is owned by TraumaLine1 or is used with permission. This Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. TraumaLine1 owns all Proprietary Material as well as the coordination, selection, arrangement and enhancement of such Proprietary Materials as a Collective Work under the Canadian and United States Copyright Acts, as amended. With the exception of uses allowed under the section above called “Permitted Uses” Users may not copy, download, use redesign, reconfigure, or retransmit anything from the TraumaLine1 Site without TraumaLine’s prior express written permission. Furthermore, Users are not allowed to post or distribute any material that they do not own, or which they do not have permission to use. Violation of this policy may result in copyright, trademark or other intellectual property rights violations and liability, and subject Users to termination from the use of this Site or civil or criminal penalties. In addition, the Site contains material protected by the domestic and international laws of copyright, patents, and other proprietary rights and laws. Any use of such Proprietary Material, other than as permitted therein, is expressly prohibited without the prior permission of TraumaLine1 and/or the relevant right holder.
Notice of Trademark Rights
Copyright Complaints and Copyright Agent
TraumaLine1 respects the intellectual property of others, and asks Users to do the same. TraumaLine1 is in compliance with the Digital Millennium Copyright Act. In order to protect intellectual property from misuse, TraumaLine1 asks Users to help us. If Users believe, in good faith, that any materials on the Site infringe upon Users’ copyrights, please provide TraumaLine1’s Copyright Agent info@TraumaLine1.com with the following information:
- An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed, including the URL (Internet address) or other specific location on the Site where the material you claim is infringed is located. Include enough information to allow TraumaLine1 to locate the material, and explain why you think an infringement has taken place;
- A description of the location where the original or an authorized copy of the copyrighted work exists – for example, the URL (Internet address) where it is posted or the name of the book in which it has been published;
- Your contact information that includes: full name, address, telephone number, and e-mail address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the information in your Notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
TraumaLine1’s Copyright Agent for Notice of Claims of Copyright Infringement can be reached by e-mail at info@TraumaLine1.com.. TraumaLine1 will terminate access to the Site of those who engage in repeated acts of infringement.
TraumaLine1 grants Users a nonexclusive, revocable right to use the Site provided that Users do not:
- copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code,
- modify or attempt to modify the Site in any manner or form, or (iii) violate any term in this Agreement.
Modifications to the Site
TraumaLine1 reserves the right in its sole discretion to review, improve, modify or discontinue, temporarily or permanently, the Site or any content or information on the Site with or without notice to the User. Users have the same rights with regard to their self-generated content on the Site. Users agree that TraumaLine1 shall not be liable to User or any third party for any modification or discontinuance of the Site.
User account, password and security
Users are responsible for maintaining the confidentiality of any password and account numbers provided by themselves or TraumaLine1 for accessing the Site, and are fully responsible for all activities that occur under User’s password or account. User agrees to immediately notify TraumaLine1 of any unauthorized use of Users’ password or account or any other breach of security.
No Joint Venture
Users are not legally affiliated with TraumaLine1 in any way merely by virtue of their membership or usage of TraumaLine1’s Site or intellectual property other than as might be described by the terms and conditions stated in this User Agreement, and no independent contractor, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement. TraumaLine1 is not an employment service and does not serve as an employer of any User that may use this Site. TraumaLine1 is only a venue for connecting Users. As such, TraumaLine1 expressly disclaims any liability that may arise between Users of its Site.
Limitations on Use
Disclaimer of Warranties
User expressly agrees that the use of this site is at the user’s sole risk. Neither TraumaLine1 nor its affiliates or licensors warrant that access to the site will be uninterrupted or that the site will be error-free; nor do they make any warranty as to the results that may be obtained from the use of the site, or as to the accuracy, reliability or content of any information, service or merchandise provided through the site. TraumaLine1 is not responsible for the conduct, whether online or offline, of any user of the website or service. The site is provided on an “as is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose. Neither the company nor its licensors warrant or guarantee the timeliness, accuracy or completeness of the information appearing on the site. Additionally, there are no warranties as to results of any User’s use of the information available on or via the Site. TraumaLine1 and affiliates do not warrant that the Site is free from viruses, worms, Trojan Horses, or other harmful components. The company and its affiliates take reasonable measures to ensure that the information provided by users is disclosed only to those persons specified by Users. TraumaLine1 cannot and does not, however, guarantee that the personal information entered by Users will not be misappropriated, intercepted, deleted, destroyed or used by others. Users agree not to hold TraumaLine1 liable for any loss or damage of any sort incurred as a result of any such misappropriation, interception, deletion, destruction or use of information provided by Users through the Site. The company and affiliates shall not be liable for any claim, injury or damage arising from the use or inability to use the site.
Limitation of Liability
Under no circumstances will TraumaLine1 or its Affiliates be liable to Users for any indirect, incidental, consequential, special or exemplary damages arising from any provision of this Agreement or any violation of any provision of this Agreement. Furthermore, the aggregate liability of TraumaLine1 or its Affiliates arising with respect to this Agreement and the Site will not exceed the total amounts paid by any User in the previous twelve (12) months under this Agreement. Any notice or other communication to be given hereunder will be in writing and given by facsimile, postpaid registered or certified mail return receipt requested, or electronic mail.
Any controversy or claim arising out of or relating to an alleged breach of this Agreement or the operation of this Site shall be settled by binding arbitration in accordance with the commercial arbitration rules of the Arbitrator’s Institute of Canada before a single arbitrator. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in TORONTO, ONTARIO CANADA and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or TraumaLine1 may seek any interim or preliminary relief from a court of competent jurisdiction in TORONTO, ONTARIO CANADA, necessary to protect the rights of property for you or TraumaLine1 pending the completion of arbitration.
Nothing in this Agreement shall be construed as making either party the partner, joint venture, legal representative, employer, contractor or employee of the other. Neither party shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound. This Agreement shall be interpreted in accordance with the laws of the Province of Ontario (excluding any rules governing choice of laws) and any legal proceeding arising out this Agreement will occur in Toronto, Ontario, Canada. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto. This Agreement (and the policies referenced herein and incorporated by reference) constitutes the entire agreement between TraumaLine1 and Users with respect to the subject matter hereof, and Users have not relied upon any promises or representations by TraumaLine1 with respect to the subject matter except as set forth herein.