Welcome to Process Insights Holdings. These Terms of Use, and any other Process Insights Holdings terms incorporated by reference herein, (together, the “Terms”) apply to your use of Process-Insights.com and any other websites or mobile applications of Process Insights Holdings and its business units, subsidiaries and affiliated companies, (collectively, “Process Insights”, “Company”, “we”, “us” or “our”) that link to these Terms (the “Sites”).

Terms

By accessing and using the Sites, you accept and agree to be legally bound by the terms and conditions contained in these Terms. If you do not agree to these Terms, you should not access or use the Sites.  In addition, if you are accessing or using the Sites on behalf of a corporate entity, you represent and warrant that you have the right, authority and capacity to accept these Terms on such entity’s behalf. We encourage you to review the Terms regularly to know about our practices. Process Insights reserves the right to modify, amend or update these Terms at any time and for any reason. If we make changes, we will let you know by revising the date at the end of the Terms. Any changes we make to these terms will be effective immediately upon posting. Your continued use of the Sites after such posting shall be deemed to constitute acceptance by you of the changes.

Scope of Use
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On the condition that you fully comply with these Terms, Process Insights grants you a limited, nonexclusive, non-transferable and revocable license to access and use the Sites.

The use, reproduction, transmission or distribution of any information, software or other material made available through the Sites for anything other than your company’s internal commercial use to conduct business with Process Insights without the prior written consent of Process Insights is strictly prohibited. You may use the Sites only for purposes that are lawful and permitted by the Terms. Gathering data from the Sites through harvesting, screen scraping or other automated means is strictly prohibited. You may not access (or attempt to access) or systematically retrieve data from, any part of the Sites through any automated means (including use of scripts, bots or web crawlers). You will not engage in any activity that interferes with or disrupts the Sites or interferes with any other party’s use and enjoyment of the Sites.

a. Creating Accounts

When you create an account on the Sites, you are responsible for maintaining the security of your account and to promptly notify us if you discover or suspect any security breaches. You represent and warrant to us that all information that you provide in connection with your account is accurate, truthful, current and complete. Process Insights reserves the right to deny, deactivate, or terminate any account at our discretion.

b. User Content

The Sites may contain message boards and other areas where you may post or upload messages or other user-generated content such as video, photos, blogs, comments, or other materials (collectively, “User Content”). You are solely responsible for all User Content you upload or post to the Sites. Process Insights does not control the User Content and, as such, makes no representation or warranty as to the accuracy, integrity or quality of such User Content. In no event shall Process Insights assume or have any responsibility or liability for any User Content or for any claims, damages or losses resulting from their use and/or appearance on the Sites.

You hereby represent and warrant that you have all necessary rights in and to all User Content you provide and all information it contains and that such User Content does not and will not infringe, violate or misappropriate any intellectual property or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, trade secrets, rights of publicity or other proprietary rights or any other harm resulting from such a submission.

You acknowledge that Process Insights may or may not pre-screen User Content, but that Process Insights and our designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any User Content that is available on the Sites. Without limiting the foregoing, Process Insights and our designees shall have the right to remove any User Content that violates these Terms or is otherwise objectionable.

If you post or upload any User Content to the Sites, you further agree to the following rules of conduct:
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• You agree not to post or upload any User Content that violates or infringes in any way upon the rights of others, including any statements which may defame, harass, stalk or threaten others;​
• You agree not to post or upload any User Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
• You agree not to post or upload any User Content that advocates or provides instruction on illegal activity or discuss illegal activities with the intent to commit them;
• You agree not to post or upload User Content which contains advertising, marketing or any solicitation for products or services, or any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes, ” or any other form of solicitation;
• You agree not to impersonate any person or entity, including, but not limited to, any Process Insights employee, or falsely state or otherwise misrepresent your affiliation with any person or entity;
• You agree not to collect or store personal data about other users in ways that are not expressly permitted by Process Insights or otherwise violate another user’s privacy; and
• You agree not to post or upload any User Content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

c. Suggestions submitted to Process Insights through the Sites

By submitting ideas, suggestions, documents, and/or proposals (“Suggestions”) to Process Insights through our suggestion or feedback pages or otherwise, you acknowledge and agree that: (a) your Suggestions do not contain confidential or proprietary information; (b) Process Insights is not under any obligation of confidentiality, express or implied, with respect to the Suggestions; (c) Process Insights may use or disclose (or choose not to use or disclose) your Suggestions for any purpose, in any way, in any media worldwide; (d) Process Insights may have something similar to the Suggestions already under consideration or in development; (e) your Suggestions automatically become the property of Process Insights without any obligation of Process Insights to you and you hereby assign to Process Insights all right, title and interest (including all intellectual property rights) in such Suggestions; and (f) you are not entitled to any compensation or reimbursement of any kind from Process Insights under any circumstances.

Intellectual Property

The Sites contain text, software, logos, slogans, photos, video, graphics, music and sound, and other content (collectively “Materials”) that are protected by copyright, trademark, trade dress, patent, trade secret and/or other intellectual or proprietary rights. The Materials and all rights therein are the exclusive property of Process Insights or our licensors. Without limiting the generality of the foregoing, Process Insights owns copyright in the selection, coordination, arrangement and enhancement of the Materials, as well as in some or all of the content original to it. You may not screen scrape, copy, modify, decompile, reverse engineer, publish, distribute, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the Materials in whole or in part without the express written permission of Process Insights and our licensors or as otherwise expressly permitted by applicable law. You acknowledge that you do not acquire any ownership rights in the Materials by use of the Sites.

Process Insights’ and our subsidiaries’ and affiliates’ trademarks, trade names, service marks and other Process Insights logos and brand features (collectively, “Marks”) are the exclusive property of Process Insights or our subsidiaries or affiliates. Without Process Insights’ prior written permission, you may not display or use the Marks in any manner. All other trademarks on the Sites are the property of their respective owners.

Process Insights does not claim ownership of any User Content you post, submit or upload to the Sites. By submitting, posting or uploading User Content to the Sites, you automatically and hereby grant to Process Insights, our affiliates and subsidiaries a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, transferable right and license to use, publish, perform, display, exhibit, reproduce, modify, adapt, edit, translate, create derivative works from, incorporate into other works, distribute, sublicense and otherwise exploit such User Content (in whole or in part) in any form, media or technology now known or hereafter developed without any obligation of compensation to you. You also permit any other user to access, view, store or reproduce the User Content for that user’s personal use. Process Insights reserves all rights not expressly set forth in these Terms.

Third Party Materials

We may make third party content, advertising or services available on the Sites as a convenience to our users (for example, links to third party websites) (“Third Party Materials”). Our users may also include Third Party Materials in the User Content that they post to the Sites. We do not control or endorse any Third Party Materials nor are we responsible for reviewing the accuracy of any Third Party Materials. Your business dealings or correspondence with third parties, and any terms, conditions, warranties or representations applicable to any Third Party Materials, are solely between you and the applicable third party. When you leave our Sites, you should be aware that these Terms and other Process Insights policies do not govern your use of other websites and services.

We may also interact with you on third party sites where we post content or invite your feedback, such as on LinkedIn, Facebook, YouTube, Pinterest or Twitter (“Social Media Sites”). While we encourage you to interact with us on Social Media Sites in a manner consistent with these Terms (including our Terms regarding the posting of User Content), we do not control these Social Media Sites, and these Terms do not apply to companies that Process Insights does not own or control, or to the actions of people that we do not employ or manage. You should always check the terms of use posted on any Social Media Sites.

Links

In order to establish a hyperlink to the Sites, you must contact Process Insights at info@process-insights.com to obtain Process Insights’ approval of the link. You may only use the text and images provided or approved by Process Insights, in the manner and location specified by Process Insights, and you must abide by the terms and conditions provided by Process Insights at that time.

Disclaimer of Warranty; Limitation of Liability

Neither Process Insights, nor our subsidiaries and affiliates, each of our respective directors, officers, employees, agents, contractors, partners, content providers or licensors are liable for the defamatory, offensive or illegal conduct of users of the sites or third-parties and you agree that the risk of injury from the foregoing rests entirely with you. Any content downloaded or otherwise obtained through the use of the sites is accessed at your own discretion and risk, and you will be solely responsible for and hereby waive any and all claims and causes of action with respect to any damage to your computer system, internet access, download or display device, or loss of data that results from the download of any such material.

YOUR USE OF THE SITES IS AT YOUR SOLE RISK. THE SITES ARE PROVIDED ON AN “AS IS” AND “AVAILABLE” BASIS. Process Insights, OUR SUBSIDIARIES AND AFFILIATES, AND EACH OF OUR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, PARTNERS, CONTENT PROVIDERS AND LICENSORS EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: (i) THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE; (ii) NON-INFRINGEMENT; (iii) THAT THE SITES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; AND (iv) WITH RESPECT TO THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITES (INCLUDING THIRD PARTY MATERIALS).

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT Process Insights, OUR SUBSIDIARIES AND AFFILIATES, AND EACH OF OUR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, PARTNERS, CONTENT PROVIDERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES), EVEN IF Process Insights HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITES; OR (v) ANY OTHER MATTER RELATING TO THE SITES.  THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR OUR FRAUD, GROSS NEGLIGENCE OR INTENTIONAL, WILLFUL, MALICIOUS OR RECKLESS MISCONDUCT.

Indemnification

You agree to indemnify and hold Process Insights, our subsidiaries and affiliates, and each of our respective directors, officers, employees, agents, contractors, partners, content providers and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of: (a) User Content you submit, post, transmit, modify or otherwise make available through the Sites; (b) any use or misuse of the Sites by you; (c) violation of these Terms by you; or (d) violation of any rights of another by you.

Termination

Process Insights reserves the right in our discretion to review, improve, change or discontinue, temporarily or permanently, the Sites, features, information, materials or content on the Sites with or without providing notice to you. Process Insights may terminate, limit or suspend your access to the Sites for any reason or for no reason at all, with or without notice, at Process Insights’ discretion. Process Insights will not be liable to you or any third party for any changes or discontinuance of the Sites or any part of the Sites.

Privacy

For information about how Process Insights collects, uses and shares information about users of the Sites, please refer to Process Insights’ Privacy Statement.

International Users

The Sites are administered by Process Insights from our offices in Greensboro, North Carolina, United States. Any materials published on the Sites may refer to products, programs, or services that are not available in your country. Consult your local Process Insights Business Contact in this regard or via email to info@process-insights.com.

Furthermore, Process Insights makes no representation that the Sites are appropriate or available for use at other locations outside of the United States. Access to the Sites from territories where the Sites’ content is illegal is prohibited. You may not use the Sites or export information and materials in violation of the export laws of the United States or any other country. If you access the Sites from a location outside of the United States, you are responsible for compliance with all applicable laws.

By accessing or using the Sites, you consent to the processing, transfer and storage of information about you in and to the United States and other countries, where you may not have the same rights and protections as you do under local law.

Consent to Electronic Communications

By using the Sites, you agree that we may communicate with you electronically regarding your use of the Sites and that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that the communications be in writing. To withdraw your consent from receiving electronic notice, please notify us at info@process-insights.com.

Governing Law

Your use of the Sites is subject to all applicable local, state, national and international laws and regulations. These Terms will be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions.  Any dispute between the parties that is not subject to arbitration shall be resolved in the state or federal courts located in the State of Delaware.

Miscellaneous

a. Entire Agreement

These Terms constitute the entire agreement between you and Process Insights regarding your use of the Sites, superseding any prior version of these Terms between you and Process Insights with respect to the Sites. You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms. The section titles in these Terms are for convenience only and have no legal or contractual effect.

b. Separate Agreements

You may have other agreements with Process Insights or our affiliates or subsidiaries. Those agreements are separate and in addition to these Terms. These Terms do not modify, revise or amend the terms of any other agreements you may have with Process Insights.

c. No Professional Advice

The information available on the Sites is intended to be a general information resource regarding the matters covered, and is not tailored to your specific circumstance. You should not construe this as legal, accounting or other professional advice. Use of the information on the Sites is at your own risk.

d. Statute of Limitations

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Sites or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

e. Waiver and Severability of Terms

The failure of Process Insights to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

f. Notice for California Users

If you are a California resident, you may have these Terms mailed to you electronically by sending an email to info@process-insights.com with your electronic mail address and a request for these Terms. Under California Civil Code Section 1789.3, California Website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.

This policy was last revised on June 18, 2019.