OVERVIEW AND ACKNOWLEDGEMENT
Access to and use of PlainSight, a BerganKDV product, is provided subject to the terms and conditions described in this document. Please read these terms carefully. By accessing or using PlainSight, you hereby agree to be bound by these terms. If you disagree with any part of these terms, you are not authorized to access or use these services.
We reserve the right to withdraw or amend PlainSight, and any service or material we provide, in our sole discretion without notice.
PlainSight is available to employees or other interested parties of organizations who have subscribed to the service.
BerganKDV has entered into an agreement with the subscriber to provide an accessible and anonymous reporting hotline for the subscriber’s employees and other interested parties, such as owners, board members, vendors, or customers, to submit information they are aware of regarding any potentially fraudulent activity within the subscriber’s organization.
BerganKDV agrees to only receive, and report information received from users to the subscriber’s designated recipients. Unless otherwise provided in writing and signed by BerganKDV, BerganKDV will not, and has no obligation to investigate, validate, verify, or perform any other services with respect to any information received from users. The subscriber’s designated recipients will receive an email directing them to the PlainSight website when a user submits information. The subscriber’s designated recipients are responsible for logging into PlainSight to review information provided by the user. The subscriber’s designated recipients also assume full responsibility for ensuring other appropriate parties are informed of any potential issues identified by the information submitted through PlainSight.
BerganKDV is not responsible for and will take no action to address the subject matter of the information received through PlainSight, nor will they ensure the information is accurate, reliable, complete, or valid. The subscriber maintains full responsibility for reviewing and authenticating the information, deciding next steps regarding whether an investigation should be conducted, and acting or not acting on the information received through PlainSight.
The PlainSight subscription fee covers the availability of the PlainSight web and phone applications for users and the subscribing organization’s select administrators, on-demand employee training for how to use PlainSight, and materials that can be used to inform employees of the availability of PlainSight. BerganKDV’s Forensic and Data Services team is also available as a consultant to subscribers for additional fees for discussions regarding next steps related to information that is received through PlainSight and to investigate and provide litigation support. BerganKDV is not obligated to provide any additional services unless agreed to in writing with subscriber. No refunds will be provided for the service. The PlainSight service will automatically renew for successive one (1) year periods unless either party provides notice of termination at least sixty (60) days in advance of the then-current expiration.
BerganKDV is not responsible and provides no guarantee for the accuracy, reliability, completeness, timeliness, or validity of any information submitted anonymously and confidentially by users.
The subscriber is responsible for retaining information received through PlainSight and for responding to any legal inquiries or subpoenas for information arising from the information submitted.
The subscriber’s administrators shall be responsible for maintaining the secrecy and confidentiality of their password associated with their PlainSight administrative account as well as for all activities that transpire on or within your account. It shall be your responsibility to notify BerganKDV immediately if you notice any unauthorized access or use of your account or password or any other breach of security. BerganKDV shall not be held liable for any loss and/or damage arising from any failure to comply with this term.
Unless the user chooses to waive their right to anonymity and identify himself/herself, all submissions to PlainSight are anonymous. If you wish to remain anonymous, you should not provide any information that may personally identify you. The subscribing organization’s selected administrators will receive all information submitted by the user. BerganKDV is not responsible for monitoring and/or tracking of information submitted via PlainSight from within your organization or through equipment provided by your organization.
Unless the subscribing organization enters into an agreement with BerganKDV for investigation services, BerganKDV does not investigate or resolve issues or concerns submitted by users. You understand and acknowledge that the sole obligation, in the absence of another agreement, of BerganKDV to you is to receive the information you submitted and ensure the designated recipients of the subscribing organization are notified of the submission. The subscriber, and not BerganKDV, is solely responsible for evaluating the information submitted and for complying with all applicable local, state, or federal laws relating to the investigation and protection of the information submitted.
It is a condition of your use of PlainSight that all the information you provide is true and correct. All subscribers and users acknowledge that the intentional misreporting of information is strictly prohibited, and the intentional misuse of this service may result in criminal prosecution and/or civil liability.
- In any way that violates any applicable federal, state, local, or international law or regulation, or the rights of any person.
- For the purpose of unfairly exploiting, harassing, harming, or attempting to exploit any individual by submitting baseless information.
- To impersonate, attempt to impersonate, or deceive any person or entity.
- In any manner that could disable, overburden, damage, or impair the website or interfere with any other party’s use of the website.
- To deploy any device, software, or routine that interferes with the proper working of the website.
- To attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the website, the server on which the website is stored, or any server, computer, or database connected to the website.
- To otherwise attempt to interfere with the proper working of the Website.
DISCLAIMER OF WARRANTIES
Your use of PlainSight, its content, and any services or items obtained through PlainSight is at your own risk. PlainSight, its content, and any services or items obtained through it are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. Neither BerganKDV nor any person associated with BerganKDV makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of PlainSight. Without limiting the foregoing, neither BerganKDV nor anyone associated with it represents or warrants that PlainSight, its content, or any services or items obtained through PlainSight will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that PlainSight or the server that makes it available are free of viruses or other harmful components, or that PlainSight or any services or items obtained through it will otherwise meet your needs or expectations.
To the fullest extent provided by law, BerganKDV hereby disclaims all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for particular purpose.
Subscribers and users cannot bring a claim against BerganKDV for such user or subscriber’s use or misuse of PlainSight. Subscribers and users both release and hold harmless BerganKDV to the maximum extent allowed by law.
The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.
LIMITATION OF LIABILITY
PlainSight is not a substitute for reporting criminal activity to law enforcement or other federal, state, and local regulatory agencies. The services provided through PlainSight are also not intended to be an emergency hotline or substitute for calling 911 or other emergency service providers. In the event of an emergency or to report immediate threats to life or property, you should call 911 or local emergency services.
Each subscriber releases BerganKDV and its respective members from any and all liability, claims, actions, causes of actions, and damages which relate in any way to PlainSight or the subscriber’s actions or failure to take action as a result of having received, or been available to receive, information related to any information submitted by a user.
BerganKDV and its respective members will not be liable for any loss or injury caused, in whole or in part, by its actions, omissions, or negligence, or for contingencies beyond its control, in procuring, compiling, or delivering information; any errors, omissions, or inaccuracies in the information provided regardless of how caused, or delays or interruptions in delivery of information; or any decision made, or action taken or not taken or reliance upon the information furnished. Notwithstanding the limitations provided above, to the fullest extent provided by law, in no event will BerganKDV, its affiliates, or their licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, PlainSight, any websites linked to it, any content on the website or such other websites, including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable. The maximum aggregate liability of BerganKDV shall be limited to the amount actually paid by the subscriber or user within the prior twelve (12) months before the claim, or $100, whichever is greater.
LIMITATION ON TIME TO FILE CLAIMS
CHOICE OF LAW AND FORUM
BerganKDV may at any time revise these terms by updating this posting. By using this website, you agree to be bound by any such revisions and should review this page before every new PlainSight interaction.