PlainSight Fraud Hotline Terms of Use

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.

Your access to and use of the service is also conditioned on your acceptance of and compliance with the PlainSight Privacy Policy. The PlainSight Privacy Policy describes our policies and procedures on the collection, use, and disclosure of your personal information when you use PlainSight and informs you of your privacy rights. Please also read the PlainSight Privacy Policy carefully before using our service.

Our PlainSight Privacy Policy can be found at https://www.BerganKDV.com/privacy-policy-plain-sight-fraud-hotline/

PlainSight is available to employees or other interested parties of organizations who have subscribed to the service.

USING PLAINSIGHT

Subscribing Organizations

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 will not provide any identifying information of users unless the user specifically chose to provide information that identifies them. Please review our PlainSight Privacy Policy for additional information on our data collection and sharing practices.

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.

Subscribers are responsible for communicating the availability of PlainSight and reasonable and appropriate use of PlainSight with employees, owners, board members, and others. BerganKDV’s Forensic and Data Services team is also available as a consultant to subscribers for more in-depth PlainSight and fraud risk training for an additional fee. Subscribers must ensure users are aware of these Terms of Use and the PlainSight Privacy Policy.

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.

Users

BerganKDV has entered into an agreement with the subscriber to provide an accessible and anonymous reporting hotline for the subscriber’s users. Any party, such as an employee, owner, board member, or vendor, who could submit information through PlainSight fall under the category of a user. All information submitted by users is voluntary. By submitting information through PlainSight, the user is providing their consent for BerganKDV to use the information for the purpose stated and indicates to us you are aware of the PlainSight Privacy Policy provisions.

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.

PROHIBITED USES

You may use PlainSight only for lawful purposes and in accordance with these Terms of Use. You agree not to use PlainSight:

• 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.

Indemnification

Each subscriber agrees to defend, indemnify, and hold harmless BerganKDV, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, lawsuits, subpoenas, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to such subscriber’s violation of these Terms of Use, or such subscriber or the subscriber’s users use of PlainSight, any use of the PlainSight’s content, services, and products other than as expressly authorized in these Terms of Use, such subscriber’s use or non-use of any information obtained from the PlainSight, and/or all judicial, government investigations, and other proceedings, including but not limited to responses to subpoenas.

Each user agrees to defend, indemnify, and hold harmless BerganKDV, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, lawsuits, subpoenas, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to such user’s violation of these Terms of Use or such user’s use of PlainSight, false information provided via the PlainSight platform, or any use of the PlainSight’s content, services, and products other than as expressly authorized in these Terms of Use, and/or all judicial, government investigations, and other proceedings, including but not limited to responses to subpoenas.

ARBITRATION

Any dispute, controversy or claim arising from these terms of use or use of PlainSight, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, must be submitted to final and binding arbitration under the rules of arbitration of the American arbitration association applying Minnesota law. The parties agree to arbitrate solely on an individual basis, and that this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. The arbitral tribunal may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. In the event the prohibition on class arbitration is deemed invalid or unenforceable, then the remaining portions of the arbitration agreement will remain in force. The parties hereby waive to the maximum extent allowed by law all rights related to bringing and/or participating in a class action.

LIMITATION ON TIME TO FILE CLAIMS

Any cause of action or claim you may have arising out of or relating to these terms of use or PlainSight must be commenced within one (1) year after the cause of action accrues; otherwise, such cause of action or claim is permanently barred.

CHOICE OF LAW AND FORUM

These terms shall be governed and interpreted by the laws of the State of Minnesota without regard to its conflict of law provisions. The subscribers and users specifically consent to personal jurisdiction in Minnesota in connection with any dispute between you and BerganKDV arising out of these Terms or pertaining to PlainSight. The parties to these Terms each agree that the exclusive venue for any dispute between the parties arising out of these Terms will be in Hennepin County, Minnesota. If any part of these terms is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. You and BerganKDV agree to submit to the jurisdiction of the courts as previously mentioned and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts as to venue in such courts.  Should a lawsuit or arbitration action be brought in a forum other than as authorized in these Terms of Use, you agree that we are authorized to immediately transfer venue to Minnesota and stay the litigation to enforce the arbitration provision.

AMENDMENTS TO THE TERMS OF USE

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.

If you have questions regarding our Terms of Use, please contact us at PlainSight@BerganKDV.com or 3800 American Blvd W, Suite 1000, Minneapolis, MN 55431 or (952) 563-6800.