Compliance Portal

This Terms of Use and Project Portal Agreement ("Agreement") governs your access to and use of the Project Portal (the "Portal").

1. DEFINITIONS.
   1. "Subcontractor" = the subcontractor/vendor entity or sole proprietor using the portal.
   2. "Authorized User" = the individual logging in on behalf of Subcontractor.
   3. "Portal Operator" = the entity operating the portal.
   4. "Contractor" = Entity/Subcontractor with which Subcontractor has entered into a contract.
   5. "Owner" = Owner of property where Subcontractor is providing work and/or services.
   6. "Project Parties" = Portal Operator, Contractor, Owner, and their respective affiliates, officers, employees, agents, and consultants.
2. ACCEPTANCE AND AUTHORITY. By logging in to or otherwise accessing the Portal, and/or by clicking "I Agree," "you" (being the Subcontractor or the Authorized User acting on behalf the Subcontractor) acknowledge that you have read, understood, and agree to be bound by this Agreement. Your use of the Portal is conditioned upon your acceptance of the terms and conditions contained herein; if you do not agree, you must not access the Portal. You represent and warrant that you are at least 18 years of age, are duly authorized to act on behalf of the Subcontractor and have the authority to bind the Subcontractor to this Agreement.
3. PURPOSE OF PORTAL. The portal is being provided solely to facilitate Subcontractor onboarding, site access management, timekeeping, compliance verification, safety compliance, security screening, and related project administration. Subcontractor expressly authorizes Project Parties to access, review, store, process, verify, transfer, and disclose information submitted through the Portal as reasonably necessary to administer the Project, evaluate compliance with site requirements, verify credentials, administer security and access protocols, track and record time, investigate incidents, respond to legal requests, enforce contractual rights, and comply with applicable laws. The Project Parties make no representations or warranties of any kind regarding the security, availability, completeness, retention, or preservation of information submitted through the Portal. Neither submission of information nor approval within the Portal shall create any right of access to the project site. The Project Parties reserve the right to deny, suspend, or revoke site access at any time in their sole discretion.
4. ACCURACY AND NON-MISREPRESENTATION. You certify that all information you submit through the Portal - including employee identity information, government-issued identification, background-check certifications, and related documentation - is true, accurate, complete, and current to the best of your knowledge. You agree not to make any false, misleading, fraudulent, or negligent misrepresentation regarding any employee, subcontractor, or 1099 contractor you deem cleared to work at the applicable site. You understand and agree that the Project Parties and others will rely on the information and certifications you provide to make site-access, employment, and safety decisions, and that inaccurate information may create risk to persons and property. The Project Parties shall have the right, but not the obligation, to verify the accuracy of any information submitted through the Portal.
5. COMPLIANCE WITH LAW. You agree to use the Portal in compliance with all applicable federal, state, and local laws, including applicable Indiana employment and privacy laws and, where applicable, the federal Fair Credit Reporting Act (FCRA). You are solely responsible for obtaining any consents, authorizations, and disclosures required by law from each individual before submitting that individual's information, and for conducting background checks in a lawful, non-discriminatory manner. By accessing the Portal, you hereby represent and warrant, before submitting any individual's information through the Portal, Subcontractor has provided all legally required notices and obtained all legally required consents, authorizations, acknowledgements, and releases from such individual, including consent to collect, use, disclose, transmit, upload, store, verify, audit, and process such information through the Portal and to disclose such information to the Project Parties for the purposes described in this Agreement.
6. PRIVACY AND CONFIDENTIALITY. Information submitted through the Portal may include personally identifiable information ("PII"). You agree to collect, submit, and handle such PII only for legitimate employment-screening and site-safety purposes, to limit access to authorized personnel with a need to know, and to safeguard it in accordance with applicable law. You will not use PII obtained through or submitted to the Portal for any unlawful or unauthorized purpose. Subcontractor shall not upload or submit any information that is not requested by the Portal or reasonably necessary for project administration, safety, security, credentialing, compliance verification, or site-access purposes. Subcontractor is solely responsible for reviewing information before submission and for redacting or withholding information not required to be submitted, except to the extent the Portal expressly requires such information. Unless expressly stated in a separate written notice, neither the Portal nor the Project Parties are requesting, collecting, or using biometric identifiers or biometric information, and Subcontractor shall not submit biometric information through the Portal.
7. DATA SECURITY; DATA BREACHES. Subcontractor acknowledges and agrees that no electronic system, website, portal, database, transmission method, or security measure is completely secure and that the Project Parties do not warrant or guarantee that the Portal will be free from unauthorized access, cyberattacks, data breaches, system failures, malware, interception, corruption, loss of data, or other security incidents. To the fullest extent permitted by law, the Project Parties shall have no liability arising from any unauthorized access to, disclosure of, alteration of, loss of, destruction of, or inability to access information submitted through the Portal, except to the extent liability cannot be disclaimed under applicable law. If Subcontractor becomes aware of any actual or suspected unauthorized access to, disclosure of, or compromise of information submitted through the Portal, or any credentials used to access the Portal, Subcontractor shall promptly notify the Portal Operator and cooperate in any reasonable investigation or mitigation efforts. Subcontractor remains solely responsible for complying with any notification, remediation, credit-monitoring, consumer-protection, reporting, or other obligations imposed upon Subcontractor by applicable law arising from any breach, incident, or compromise attributable to Subcontractor, its employees, agents, subcontractors, authorized users, systems, devices, or networks.
8. PORTAL COMMUNICATIONS; EMAILS AND TEXT MESSAGES. Subcontractor expressly consents, and represents and warrants that it has obtained all necessary consents, authorizations, and permissions from its employees, agents, subcontractors, lower-tier subcontractors, 1099 providers, and other individuals whose information is submitted through the Portal, for the Project Parties to send communications by email, text message (SMS), telephone call, automated message, or other electronic means using the contact information provided through the Portal. To the fullest extent permitted by law, Subcontractor shall defend, indemnify, and hold harmless the Project Parties from and against any claims, liabilities, fines, penalties, damages, or expenses arising from or relating to any alleged failure by Subcontractor to obtain the consents, notices, authorizations, or permissions required for such communications. All communications Portal shall remain subject to any applicable confidentiality or nondisclosure agreement entered into between the parties, which obligations shall continue to govern the use, disclosure, and protection of information communicated through or in connection with the Portal.
9. ELECTRONIC SIGNATURES AND RECORDS. You consent to the use of electronic records and electronic signatures in connection with the Portal. You agree that your electronic signature, and your act of clicking "I Agree" or otherwise submitting a certification, have the same legal force and effect as a handwritten signature and a paper record, consistent with the federal ESIGN Act and the Indiana Uniform Electronic Transactions Act.
10. RESTRICTION OF ACCESS. Your continued access to the Portal is conditioned upon your acceptance of, and ongoing compliance with, this Agreement. Failure to agree, or any violation of this Agreement, may result in the immediate suspension or termination of your access without notice.
11. INDEMNIFICATION. To the fullest extent permitted by law, Subcontractor agrees to indemnify, defend, and hold harmless the Project Parties from and against any and all claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) Subcontractor's use of the Portal; (b) any information, certification, document, image, record, or other material submitted by or on behalf of Subcontractor; (c) any actual or alleged failure to provide required notices or obtain required consents, authorizations, acknowledgements, or releases; (d) any actual or alleged violation by Subcontractor of applicable employment, privacy, data protection, consumer reporting, background-check, anti-discrimination, or similar laws; (e) any inaccurate, incomplete, outdated, false, misleading, fraudulent, or negligent submission; or (f) any act or omission of Subcontractor's employees, agents, subcontractors, lower-tier subcontractors, consultants, 1099 providers, or authorized users.
12. DISCLAIMER; LIMITATION OF LIABILITY. The Portal is provided "as is" and "as available" without warranties of any kind, express or implied. To the fullest extent permitted by law, the Project Parties shall not be liable for any indirect, incidental, special, or consequential damages arising out of or relating to your use of the Portal.
13. GOVERNING LAW. This Agreement is governed by and construed in accordance with the laws of the State of Indiana, without regard to its conflict-of-laws principles. The parties consent to the exclusive jurisdiction and venue of the state and federal courts located in the State of Indiana.
14. CHANGES. This Agreement may be updated or modified from time to time, without prior notice. Your continued use of the Portal after any update or modifications constitutes your acceptance of the revised Agreement.

BY CLICKING "I AGREE," SUBCONTRACTOR OR THE AUTHORIZED USER, ON BEHALF OF SUBCONTRACTOR, ACKNOWLEDGES AND AGREES THAT SUBCONTRACTOR IS BOUND BY THIS AGREEMENT AND CERTIFIES THAT ALL INFORMATION, CERTIFICATIONS, AND DOCUMENTATION SUBMITTED THROUGH THE PORTAL ARE TRUE, ACCURATE, COMPLETE, CURRENT, AND NOT MISLEADING.