Last updated: December 8, 2016
Please read these Terms and Conditions ('Terms', 'Terms and Conditions') carefully before using the http://Opsinsights.com website (the 'Service') operated by ProcessFast, LLC ('us', 'we', or 'our'). “You” and “your” refer to anyone accessing, employing, or using the Service in any way and for any reason at all, other than ProcessFast, LLC, and its authorized vendors.
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these
Terms. These Terms apply to everyone who accesses the Service, without exception.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.
The Service is billed on a subscription basis ('Subscription(s)'). You will be billed in advance on a recurring and periodic basis ('Billing Cycle'). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.
At the end of each Billing Cycle, your Subscription will automatically renew unless you cancel it or ProcessFast, LLC, cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting ProcessFast, LLC customer support team.
A valid payment method, including credit card, is required to process the payment for your Subscription. To subscribe, provide ProcessFast, LLC, with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you authorize ProcessFast, LLC, to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, ProcessFast, LLC, will issue an electronic invoice indicating that you must proceed manually, within a certain deadline, with the full payment corresponding to the billing period as indicated on the invoice.
ProcessFast, LLC, may, at its sole discretion, offer a Subscription with a free trial for a limited period of time ('Free Trial').You may be required to enter your billing information in order to sign up for the Free Trial.
If you do enter your billing information when signing up for the Free Trial, you will not be charged by ProcessFast, LLC, until the Free Trial has expired. On the last day of the Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected. At any time and without notice, ProcessFast, LLC, reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.
ProcessFast, LLC, in its sole discretion and at any time, may modify the Subscription fees for the Subscription. Any Subscription fee change will become effective when the then current Billing Cycle ends.
ProcessFast, LLC, will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
ProcessFast, LLC, may revise system features and functions at any time without limitation.
If any sales or use taxes arise in connection with or related to the services contemplated under these terms and conditions, then you will be responsible for all such taxes, and you agree that all such taxes shall be added to your subscription payments upon reasonable notice to you.
Except when required by law, paid Subscription fees are nonrefundable.
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and will remain current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a thirdparty service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
The Service and its original content, features and functionality are and will remain the exclusive property of ProcessFast, LLC, and its licensees or licensors, as the case may be. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks, tradenames, and trade dress may not be used in connection with any product or service without the prior written consent of ProcessFast, LLC.
You agree that you will not: (a) use the System for service bureau or time-sharing purposes or in any other way allow third parties to exploit the System; (b) provide System passwords or other log-in information to any third party; (c) share non-public System features or content with any third party; (d) reverse engineer, or attempt to reverse engineer, the System, any of its features, its computer code, or queries; or (e) access the System in order to build a competitive product or service, to build a product using similar ideas, features, functions or graphics of the System, or to copy any ideas, features, functions or graphics of the System. In the event that we suspect any violation of these provisions, we may suspend your access to the System without advanced notice, in addition to such other legal remedies as we may have. This Agreement does not require us to take any action against you or any other customer of ours for violating the Agreement, but we are free to take any proper action to enforce this Agreement.
You also agree that you will take reasonable steps to prevent unauthorized access to the System, including by protecting passwords and other log-in information. You agree to notify us immediately of any known or suspected unauthorized use of the System or breach of its security and that you will use best efforts to stop any breach.
In your use of the System, you agree to comply with all applicable laws, including without limitation laws governing the protection of personally identifiable information and other laws applicable to the protection of Customer Data.
You are responsible and liable for: (a) your use of the System, including without limitation unauthorized your conduct and; (b) any use of the System through your account, whether authorized or unauthorized.
Links To Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by ProcessFast, LLC.
ProcessFast, LLC, has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites. You acknowledge and agree that ProcessFast, LLC, shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
From Us. We represent and warrant that our company is the owner of the System and of each and every component thereof, or the recipient of a valid license thereto, and that we have and will maintain full power and authority to grant the rights granted in this Agreement. If we violate our warranty in this Section, we will, at our sole expense, promptly secure for you the right to continue using the System. In conjunction with your right to terminate this Agreement, the preceding sentence states our sole obligation and liability, and your sole remedy, for breach of the warranty in this Section and for potential or actual intellectual property infringement by the System.
From You. You represent and warrant that: (a) you have the full right and authority to enter into and to fulfill your obligations under this Agreement; (b) you have accurately identified yourself and have not provided any inaccurate information about yourself to us or through the System; and (c) “you” are a corporation, sole proprietorship of an individual 18 years or older, or another entity authorized to do business pursuant to applicable law.
You agree to defend, indemnify and hold harmless ProcessFast, LLC, and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.
Limitation of Liability
In no event shall ProcessFast, LLC, or any of its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an 'AS IS' and 'AS AVAILABLE' basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, noninfringement or course of performance.
ProcessFast, LLC, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
Governing Law and Venue
These Terms shall be governed and construed in accordance with the laws of South Carolina, United
States, without regard to its conflict of law provisions. Venue for resolution of any dispute hereunder shall be in Lexington County, South Carolina.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
Except as specifically stated, this is the entire agreement between you and us. No other communication of any kind, either before or after this document becomes effective shall modify its terms, unless we mutually and expressly so agree in writing. The other component of our Agreement with you is your Subscription Agreement.
You may not assign or transfer this Agreement or any part of it.