ScreeningChimp™ Web Application Terms and Conditions
I. Introduction
The ScreeningChimp™ web application (“ScreeningChimp App”) is an online management system for drug, alcohol, and occupational medical tests, including Motor Vehicle Record (MVR) checks for CDL drivers. It is integrated with laboratory result processing and may include Medical Review Officer (MRO) services and random selection programs. These terms and conditions govern your use of the ScreeningChimp App. By accessing or using the ScreeningChimp App, you agree to be bound by these terms and conditions.
II. User Agreement
- Authority: The undersigned individual, acting on behalf of a DOT/FMCSA-regulated business entity (hereinafter "Employer"), represents and warrants to ScreeningChimp™ that they have the authority to bind such entity to these terms and conditions. If you do not have such authority, you must not accept this agreement and must not use the ScreeningChimp App.
- License: ScreeningChimp™ grants Employer a limited, revocable, non-exclusive, non-transferable, and non-sublicensable right to access and use the ScreeningChimp App solely for its internal business purposes.
- Account Security: Employer is responsible for maintaining the confidentiality of its ScreeningChimp App account login credentials and for all activities that occur under its account. Employer shall take all reasonable steps to prevent unauthorized access to the ScreeningChimp App.
- Data Responsibility: Employer is solely responsible for the accuracy, completeness, and legality of all data entered into the ScreeningChimp App. This includes ensuring compliance with all applicable laws and regulations, including but not limited to data privacy laws, informed consent requirements, and DOT/FMCSA regulations. ScreeningChimp™ assumes no responsibility or liability for any information Employer submits to or retrieves from the ScreeningChimp App.
- DOT Compliance: Employer acknowledges that ScreeningChimp™ is not its "Third-Party Administrator" or "Consortium" as defined by DOT regulations. The ScreeningChimp App is a tool for Employer to use, but Employer remains solely responsible for all DOT compliance matters. ScreeningChimp™ cannot be held liable for any non-compliance rulings or citations against Employer.
III. Fees and Payment
- Prepayment: Employer agrees to pay all charges for services, including drug tests, alcohol tests, MVR checks, and other ScreeningChimp™ services, prior to the initiation of any testing or service.
- No Order Without Payment: Employer will not be able to place an order for any services through the ScreeningChimp App without completing payment in full.
- Fees: All charges are exclusive of sales or other taxes, and Employer is responsible for payment of all applicable taxes.
IV. Disclaimers and Limitations of Liability
- No Warranties: The ScreeningChimp App is provided "as is" without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, or non-infringement. ScreeningChimp™ does not warrant that the ScreeningChimp App will be uninterrupted or error-free.
- Limitation of Liability: To the fullest extent permitted by law, ScreeningChimp™ shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or related to the use of the ScreeningChimp App, even if ScreeningChimp™ has been advised of the possibility of such damages. This includes, but is not limited to, damages for lost profits, lost data, work stoppage, computer failure, or any other commercial damages or losses.
- Accuracy of Information: ScreeningChimp™ does not warrant the accuracy, completeness, or timeliness of any information provided through the ScreeningChimp App, including but not limited to test results and MVR reports.
V. Indemnification
Employer agrees to indemnify and hold harmless ScreeningChimp™, its affiliates, officers, directors, employees, and agents from any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to Employer's use of the ScreeningChimp App or breach of these terms and conditions.
VI. Data Privacy and Security
ScreeningChimp™ will maintain reasonable administrative, physical, and technical safeguards to protect the confidentiality and security of Employer's data. ScreeningChimp™ will comply with all applicable data privacy laws and regulations in its handling of Employer's data.
VII. Dispute Resolution
Any dispute arising out of or relating to these terms and conditions shall be settled by [insert dispute resolution method, e.g., binding arbitration, mediation].
VIII. No Class Action
Employer and ScreeningChimp™ agree that each may bring claims against the other only in its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.
IX. Governing Law
These terms and conditions shall be governed by and construed in accordance with the laws of [insert governing state].
X. Modifications
ScreeningChimp™ reserves the right to modify these terms and conditions at any time. Modifications will be effective upon posting to the ScreeningChimp App. Employer's continued use of the ScreeningChimp App after the effective date of any modifications constitutes acceptance of the modified terms.
XI. Termination
- Termination by Employer: Employer may terminate this agreement at any time by providing written notice to ScreeningChimp™.
- Termination by ScreeningChimp™: ScreeningChimp™ may terminate this agreement for any reason by providing written notice to Employer. ScreeningChimp™ may also suspend or terminate Employer's access to the ScreeningChimp App immediately and without notice if Employer breaches these terms and conditions or violates any applicable law.
- Effect of Termination: Upon termination, Employer's access to the ScreeningChimp App will be deactivated. Employer will remain responsible for all outstanding fees.
XII. Entire Agreement
These terms and conditions constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior or contemporaneous communications, representations, or agreements, whether oral or written.
XIII. Sever-ability
If any provision of these terms and conditions is held to be invalid or unenforceable, such provision shall be struck from these terms and conditions and the remaining provisions shall remain in full force and effect.
XIV. Notices
All notices and other communications hereunder shall be in writing and shall be deemed to have been duly given when delivered personally, upon the first business day following deposit in the United States mail, postage prepaid, certified or registered, return receipt requested, addressed as follows:
If to ScreeningChimp™: info@screeningchimp.com
XV. Contact Information
If you have any questions about these terms and conditions, please contact ScreeningChimp™ by Phone: +1 470-800-7929 or Email: info@screeningchimp.com