Standard Terms of Use

Last updated on: May 13, 2025

These Terms of Use are incorporated by reference into the Agreement for License of SAFER™ and Screening Services between Exclusion Screening, LLC (“Exclusion Screening”) and the Client.

1. Access Restrictions

1.1. Access to SAFER™ is limited to designated Permitted Users who must comply with these Terms of Use and the Agreement.

1.2. SAFER™ data may not be used to determine eligibility for insurance, extend credit, or assess qualifications for licensure.

1.3. Client may not sublicense, assign, or transfer access to SAFER™ or its contents without prior written consent from Exclusion Screening.

1.4. All SAFER™ content and reports are for Client’s internal use only and may not be shared with third parties without written authorization from Exclusion Screening.

1.5. A current list of databases included in SAFER™ is maintained at www.exclusionscreening.com.

1.6. Permitted Users must not share login credentials, including usernames or passwords, with other individuals. If additional team members require access, the Client must request that Exclusion Screening create individual user accounts for them.

2. Intellectual Property Rights

2.1. SAFER™ is the exclusive property of Exclusion Screening and is protected under U.S. copyright law and international treaties.

2.2. Client shall not:

  • Claim ownership of SAFER™ or its components;
  • Reverse-engineer, replicate, or reproduce SAFER™ data or software;
  • Dispute or infringe upon Exclusion Screening’s intellectual property rights.

2.3. Client acknowledges that Exclusion Screening has invested significant resources in developing and maintaining the SAFER™ platform and associated databases.

3. Limitation of Liability

3.1. SAFER™ is compiled from external federal and state sources not controlled by Exclusion Screening. Accordingly, Exclusion Screening makes no warranties—express or implied—regarding the accuracy, completeness, or suitability of the data.
3.2. Exclusion Screening shall not be liable for:

  • Errors or omissions in SAFER™;
  • Delays, outages, or disruptions in access;
  • Any direct or indirect consequences of Client’s reliance on SAFER™ output.

3.3. In no event shall Exclusion Screening’s liability exceed the total amount paid by the Client in the twelve (12) months preceding the event giving rise to the claim.

4. Cooperation and Support

4.1. In the event of a legal, regulatory, or investigative matter related to services provided under the Agreement, Exclusion Screening agrees to:

  • Provide documentation of its screening activities.
  • Participate in proceedings or inquiries at no cost beyond reasonable travel expenses;
  • Cooperate in good faith to support the Client’s compliance or defense efforts.

5. General Provisions

5.1. The failure of either party to enforce any provision shall not constitute a waiver of that provision or the right to enforce it later.

5.2. Neither party may assign this Agreement or delegate obligations under it without prior written consent of the other party.

5.3. The parties agree to attempt resolution of disputes through non-binding mediation. If mediation is not mutually agreed upon, the parties shall engage in mediation through the Dispute Resolution Section of the American Health Lawyers Association.

5.4. All legal actions arising under or related to this Agreement shall fall under the exclusive jurisdiction of the District of Columbia.