Terms of Use

Our Terms of Use were last updated on 02.20.2023.

Please read these terms and conditions carefully before using Our Websites, Products, or Services.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or plural.

Definitions

For the purposes of these Terms of Use:

  • Affiliate” means an entity that controls, is controlled by, or is under common control with a party, whereas “control” means ownership of 50% or more of the shares, equity interest, or other securities entitled to vote for the election of directors or other managing authority.
  • Account” means a unique account created for You to access our Service or parts of our Service.
  • Company” (referred to as either “the Company,” “We,” “Us,” or “Our” in this Agreement) refers to Salient Process Inc.
  • Country” refers to the United States of America.
  • Content” refers to content such as text, images, or other information that can be posted, uploaded, linked to, or otherwise made available by You, regardless of the form of that content.
  • Device” means any device that can access the Service, such as a computer, a cell phone, or a digital tablet.
  • Feedback” means feedback, innovations, or suggestions sent by You regarding the attributes, performance, or features of our Service.
  • Service” refers to the Website or Salient Process Inc Services offerings.
  • “Product” refers to the Salient Process Inc Products offerings.
  • Terms of Use” (also referred to as “Terms“) mean these Terms of Use that form the entire agreement between You and the Company regarding the use of the Service. TermsFeed provided the basic template for this Privacy Policy.
  • Third-party Social Media Service” means any services or content (including data, information, products, or services) provided by a third party that may be displayed, included or made available by the Service.
  • Website” refers to Salient Process Inc Websites accessible from https://salientprocess.com/
  • You” means the individual accessing or using the Service, the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms of Use governing this Service’s use and the agreement between You and the Company. These Terms of Use set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms of Use. These Terms of Use apply to all visitors, users, and others who access or use Our Websites, Products, or Services.

By accessing or using Our Websites, Products, or Services, You agree to be bound by these Terms of Use. If You disagree with any part of these Terms of Use, You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of Our Websites, Products, or Services is also conditioned on Your acceptance of and compliance with the Company’s Privacy Policy. Our Privacy Policy describes Our policies and procedures on the collection, use, and disclosure of Your personal information when You use Our Websites, Products, or Services and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Websites, Products, or Services.

User Accounts

When You create an account with Us, You must always provide Us with accurate, complete, and current information. Failure to do so constitutes a breach of the Terms, which may result in the immediate termination of Your account on Our Websites, Products, or Services.

You are responsible for safeguarding your password to access Our Websites, Products, or Services and for any activities or actions under Your password, whether Your password is with Our Websites, Products, or Services or a Third-Party Social Media Service.

You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any security breach 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, or a name that is otherwise offensive, vulgar, or obscene.

Content

Your Right to Post Content

Our Websites, Products, or Services allow You to post Content. You are responsible for the Content you post to Our Websites, Products, or Services, including its legality, reliability, and appropriateness.

By posting Content to the Service, You grant Us the right and license to use, modify, publicly perform, display, reproduce, and distribute such Content on and through Our Websites, Products, or Services. You retain all Your rights to any Content You submit, post, or display on or through Our Websites, Products, or Services, and You are responsible for protecting those rights. You agree that this license includes the right for Us to make Your Content available to other users of Our Websites, Products, or Services, who may also use Your Content subject to these Terms.

You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

Content Restrictions

The Company is not responsible for the content of Our Websites, Products, or Services’ users. You expressly understand and agree that You are solely responsible for the Content and all activity under your account, whether by You or any third person using Your account.

You may not transmit any unlawful Content, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene, or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:

  • Unlawful or promoting unlawful activity.
  • Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
  • Spam, machine – or randomly–generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
  • Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
  • Infringing on any party’s proprietary rights, including patent, trademark, trade secret, copyright, right of publicity, or other rights.
  • Impersonating any person or entity, including the Company and its employees or representatives.
  • Violating the privacy of any third person.
  • False information and features.

The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether any Content is appropriate and complies with these Terms, refuse, or remove it. The Company further reserves the right to make formatting and edits and change the manner of any Content. The Company can also limit or revoke the use of the Service if You post such objectionable Content. As the Company cannot control all content posted by users and third parties on the Service, you agree to use the Service at your own risk. You understand that by using the Service, You may be exposed to content that You may find offensive, indecent, incorrect, or objectionable. You agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any content or any loss or damage incurred as a result of your use of any content.

Content Backups

Although regular backups of Content are performed, the Company does not guarantee there will be no loss or corruption of data.

Corrupt or invalid backup points may be caused by, without limitation, corrupted content before being backed up or changes during the time a backup is performed.

The Company will provide support and attempt to troubleshoot any known or discovered issues that may affect the Content backups. But You acknowledge that the Company has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.

You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.

Copyright Policy

Intellectual Property Infringement

We respect the intellectual property rights of others. Our policy is to respond to any claim that Content posted on Our Websites, Products, or Services infringes a copyright or other intellectual property infringement of any person.

Suppose You are a copyright owner or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service. In that case, You must submit Your notice in writing to the attention of our copyright agent via email ([email protected]) and include a detailed description of the alleged infringement in your notice.

You may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any content infringes your copyright.

DMCA Notice and DMCA Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest.
  • A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
  • Identification of the URL or other specific location on the Service where the material you claim is infringing.
  • Your address, telephone number, and email address.
  • A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
  • A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf.

You can contact our copyright agent via email ([email protected]). Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.

Intellectual Property

Our Websites, Products, or Services and their original content (excluding Content provided by You or other users), features, and functionality are and will remain the exclusive property of the Company and its licensors.

Our Websites, Products, or Services are protected by copyright, trademark, and other laws of both the Country and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without the Company’s prior written consent.

Your Feedback to Us

You assign all rights, titles, and interests in any Feedback You provide the Company. Suppose for any reason such assignment is ineffective. In that case, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify, and exploit such Feedback without restriction.

Links to Other Websites

Our Websites, Products, or Services may contain links to third-party websites or services not owned or controlled by the Company.

The Company has no control over and assumes no responsibility for any third-party websites or services’ content, privacy policies, or practices. You further acknowledge and agree that the Company 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 the use of or reliance on any such content, goods, or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party websites or services that You visit.

Termination

We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms of Use.

Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may discontinue using Our Websites, Products, or Services.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the preceding shall be limited to the amount paid by You through the Service or 100 USD if You haven’t purchased anything through Our Websites, Products, or Services.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use Our Websites, Products, or Services, third-party software, and third-party hardware used with Our Websites, Products, or Services, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. Each party’s liability will be limited to the greatest extent permitted by law in these states.

“AS IS” and “AS AVAILABLE” Disclaimer

Our Websites, Products, or Services are provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its behalf and on behalf of its Affiliates and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, concerning Our Websites, Products, or Services, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of the course of dealing, course of performance, usage or trade practice. Without limitation to the preceding, the Company provides no warranty or undertaking and makes no representation of any kind that Our Websites, Products, or Services will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems, or services, operate without interruption, meet any performance or reliability standards or be error-free or that any errors or defects can or will be corrected.

Without limiting the preceding, neither the Company nor any of the company’s providers makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of Our Websites, Products, or Services, or the information, content, and materials or products included thereon; (ii) that Our Websites, Products, or Services will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through Our Websites, Products, or Services; or (iv) that Our Websites, Products, or Services, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case, the exclusions and limitations outlined in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern these Terms and Your use of the Service. Your application use may also be subject to local, state, national, or international laws.

Disputes Resolution

If You have any concerns or disputes about Our Websites, Products, or Services, You agree first to try to resolve the dispute informally by contacting the Company.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country where you reside.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

Severability

Suppose any provision of these Terms is held to be unenforceable or invalid. In that case, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law. The remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require the performance of an obligation under these Terms shall not affect a party’s ability to exercise such right or require such performance at any time after that, nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Changes to These Terms of Use

At Our sole discretion, we reserve the right to modify or replace these Terms at any time. If a revision is material, We will make reasonable efforts to provide at least 30 days’ notice before any new terms take effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Websites, Products, or Services after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using Our Websites, Products, or Services.

Contact Us

If you have any questions about these Terms of Use, You can contact us: