This Agreement is a legal agreement between you and Process Feedback, LLC (hereinafter referred to as “Website Owner”), the owner and developer of processfeedback.org. By accessing or using any service provided on processfeedback.org, you become a client (“Client”) and you agree to be bound by all of the terms (the “Terms”) set forth in this Agreement as long as you remain a Client. IF YOU DO NOT AGREE TO THE TERMS, PLEASE DO NOT USE ANY processfeedback.org SERVICE. The Terms are subject to change at any time, and such changes will be effective immediately upon posting on this page. Processfeedback.org reserves the right, with or without notice, to make changes to the Terms at Website Owner’s discretion. It is your responsibility to review the Terms periodically to stay informed of any updates. Your continued use of the services after any modifications to the Terms constitutes acceptance of those changes. The most current version of this Agreement, which supersedes all previous versions, can be reviewed by going to
https://www.processfeedback.org/termsandconditions.
By clicking the “I AGREE” button, you agree that you have read, understand, and agree to be bound by the terms. Processfeedback.org reserves the right to change the terms at any time and without notice to you.
1. Limitations of Liability and Indemnification. Client agrees that processfeedback.org, its subsidiaries, affiliates, licensors, licensees, service providers, employees, agents, officers, and directors will not be liable for any incidental, direct, indirect, punitive, actual, consequential, special, exemplary, or other damages, including loss of revenue or income, pain and suffering, emotional distress, or similar damages, even if Processfeedback.org has been advised of the possibility of such damages, such damages were reasonably foreseeable or rocessfeedback.org was grossly negligent. In no event will the collective liability of Processfeedback.org and its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors, regardless of the form of action (whether in contract, tort, or otherwise), exceed the total amount paid by users, if any, to access or use the services provided by Processfeedback.org. This limitation applies whether the claim is based on contract, negligence, or any other legal theory. Processfeedback.org shall not be liable for any indirect, incidental, consequential, special, or punitive damages arising out of or in connection with the use of its services, including but not limited to the interactions, contributions, or engagement of users. Some jurisdictions do not permit the exclusion or limitation of liability for consequential or incidental damages, and, as such, some portion of the above limitation may not apply to Client. In such jurisdictions, the liability of Processfeedback.org, its subsidiaries, affiliates, licensors, licensees, service providers, employees, agents, officers, and directors will be limited to the greatest extent permitted by law.
Client agrees to indemnify and hold Processfeedback.org, its subsidiaries, affiliates, licensors, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from any breach of the terms of this agreement by Client. Client agrees that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use of Processfeedback.org or any information obtained from or through Processfeedback.org, and Client agrees to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith. Client will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of Client’s use of Processfeedback.org and any information accessed from this website.
2. Responsibility for Use of Website. You understand and agree that you are solely responsible for your actions and decisions to meet other people who you meet online by virtue of the services provided on processfeedback.org. You understand that processfeedback.org and Website Owner do not perform psychological testing or background checks on the individuals who may use the processfeedback.org services. You understand and agree that you must take all reasonable precautions before meeting others through the service provided by processfeedback.org, which includes, but is not limited to: exchanging e-mail first before giving out any personal information and meeting in a public place. You further understand and agree that you remain liable for any data and information you enter into the website or upload to website servers. You warrant that such data and information is not malicious and will not cause harm or loss.
3. Do Not Rely on processfeedback.org. Opinions, advice, translations, statements or other comments should not necessarily be relied upon and are not to be construed as professional advice from processfeedback.org or Website Owner. Processfeedback.org and Website Owner do not guarantee the accuracy or completeness of any of the information provided, and are not responsible for any loss resulting from your reliance on such information.
4. Warning re: Offensive Information. It is possible that other processfeedback.org Clients will post or send obscene or offensive materials on the site or to you via e-mail. It is also possible that, by using your e-mail address, other people may, through other means outside the control of processfeedback.org, have access to personal information about you. Processfeedback.org, Website Owner, its employees, agents, affiliates, licensees, web hosting services, and any third-party tools or services utilized are not responsible for these transmissions or for the release of such information by others about you.
5. Right to Monitor. Processfeedback.org and Website Owner reserve the right, but are not obligated, to monitor materials posted in any public area and shall have the right to remove any information deemed offensive by our staff. Notwithstanding the foregoing, you remain solely responsible for your use of any information contained on the site. You are responsible for any activities that occur while using Processfeedback.org, whether through direct interaction or third-party authentication. If you become aware of any unauthorized access to your account, data, or any other breach of security, please contact Processfeedback.org immediately. It is your responsibility to ensure the security of your data, account, and any associated information. Processfeedback.org is not responsible or liable for any loss or damage arising from your failure to comply with the provisions of this Agreement.
6. Confidentiality. It is agreed that all personal information given to Processfeedback.org or Website Owner will be kept confidential by Processfeedback.org and Website Owner, with the following exceptions: (1) basic biographical information (i.e., age, sex, race, etc.) may be posted for others to view; (2) you actively choose to post your personal information for others to see; (3) you send a message to another client, which may disclose your personal information to that client; (4) users share or exchange personal information with each other through the site; or (5) you have harassed another person via any service provided by Processfeedback.org, in which case the confidentiality clause contained in this Agreement is rendered null and void.
Any access credentials, including unique URLs, generated for this website are for the Client’s individual use only. You will be responsible for the security of your access credentials. From time to time, Processfeedback.org may require that you take measures to enhance the security of your access credentials. You are prohibited from using any services or facilities provided in connection with this website to compromise its security or tamper with any of its systems, resources, and/or accounts. The use or distribution of tools designed for compromising security (e.g., password crackers, rootkits, Trojan horses, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Processfeedback.org reserves the right to take necessary actions, including releasing your details to system administrators at other websites and/or the authorities, to assist in resolving security incidents. Processfeedback.org reserves the right to investigate suspected violations of this Agreement and to fully cooperate with any law enforcement authorities or court order requesting or directing Processfeedback.org to disclose the identity of anyone posting any data, email messages, or publishing or otherwise making available any materials that are believed to violate this Agreement.
It is our policy to release a Client’s personal identifying information and any other information when we reasonably believe such disclosure is appropriate to comply with applicable law, to enforce any of our contracts or agreements, to protect the rights, property or safety of our users and customers, in response to a governmental authority request or legal process, or for purposes of fraud protection. By accepting this Agreement you waive all rights and agree to hold processfeedback.org and Website Owner harmless from any claims resulting from any action taken by processfeedback.org during or as a result of its investigations and/or from any actions taken as a consequence of investigations by either processfeedback.org or law enforcement authorities.
7. Ownership, Copyrights, Trademarks, Licenses. Processfeedback.org and Website Owner own and retain all proprietary rights to the processfeedback.org service, its trademarks and copyrights. Except for any information that is in the public domain, you are not authorized to reproduce, transmit or distribute the proprietary information of processfeedback.org and Website Owner. By posting information to processfeedback.org and Website Owner you represent that you have the right to grant permission for use by processfeedback.org and Website Owner.
8. No Warranties. The use of Processfeedback.org and any service it provides is at your sole risk. The website services are provided on an “as is” and “as available” basis. Processfeedback.org expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Processfeedback.org makes no warranty that (1) the services will meet your requirements, (2) the services will be uninterrupted, timely, secure, or error-free, (3) the results of using the services will be accurate or reliable, (4) the quality of services will meet your expectations, or (5) that any errors in the software utilized by the services will be corrected.
9. Jurisdiction. Any dispute, controversy or claim arising out of or related in any manner to this Agreement which cannot be amicably resolved by the parties shall be solely and finally settled by arbitration administered by the American Arbitration Association in accordance with its commercial arbitration rules. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration shall take place before a panel of one (1) arbitrator sitting in Missouri, County of St. Louis. The language of the arbitration shall be English. The arbitrators will be bound to adjudicate all disputes in accordance with the laws of the State of Missouri. The decision of the arbitrators shall be in writing with written findings of fact and shall be final and binding on the parties. The arbitrator shall be empowered to award money damages, subject to the limitations set forth in Section 1 of this Agreement, but shall not be empowered to award direct, indirect, incidental, special or consequential damages or specific performance. Each party shall bear its own costs relating to the arbitration proceedings irrespective of its outcome. This section provides the sole recourse for the settlement of any disputes arising out of, in connection with, or related to this Agreement. Notwithstanding the foregoing, any action seeking injunctive relief shall be submitted to the courts and shall not be subject to this provision.
10. Severability. In the event that any provision of this Agreement is found to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired. The parties hereby agree that any such invalid, illegal, or unenforceable provision shall be severed from this Agreement, and the remainder of the Agreement shall continue in full force and effect.
11. Certification. By accessing and using Processfeedback.org, you certify that you are at least 18 years of age. In accessing and using Processfeedback.org, you understand and agree that basic information concerning you, given to Processfeedback.org, may be published on the website for others to view. Your name, address, and email address are kept confidential, except where provided above.
12. Communication and Support Services. Processfeedback.org may utilize a chat feature provided by a third-party service that allows users to request support and assistance from our team. By utilizing the chat feature, you agree to adhere to the terms outlined in this agreement. While we strive to make the chat feature available to assist you during our business hours, please note that its availability and functionality may be subject to the terms and conditions of the third-party service provider. Processfeedback.org is not responsible for any interruptions, technical issues, or other problems related to the chat feature provided by the third party. Additionally, during chat interactions, please be aware that information shared may be collected and stored by both Processfeedback.org and the third-party chat provider for the purpose of providing support and improving our services. We are committed to protecting your privacy and will handle your information in accordance with our privacy policy.
13. Entire Agreement. This Agreement constitutes the entire agreement among the parties relating to the subject matter hereof, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written between you and processfeedback.org and Website Owner with respect to processfeedback.org and any service it provides. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies, guidelines, or rules that may apply when you use processfeedback.org or any of its services. Website Owner may revise these Terms at any time, and such changes will be effective from and after the date they are made available on Processfeedback.org. It is your responsibility to regularly review the Terms to stay informed of any updates. Your continued use of processfeedback.org after any changes have been made to this Agreement signifies and confirms your acceptance of any changes or amendments to this Agreement.
14. Waiver. The failure of Processfeedback.org or Website Owner to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by Website or Website Owner must be in writing and signed by an authorized representative of the Website Owner.
You further understand and agree that clicking or pressing on the “I AGREE” is the electronic equivalent of a written signature on this document.
