Website Terms and Conditions

GENERAL

Welcome to our website. By virtue of your use of this website, you agree to comply with and be bound by the following terms and conditions of use which govern Performance Dashboard’s relationship with you in relation to this website. The terms “PD”, or “us,” “we,” or “our” refers to the owner of the website whose principal place of business and corporate offices are located at 1601 NW Expressway, Suite 600, Oklahoma City, Oklahoma, 73118-1460. The term “you” or “your” refers to the user or viewer of our website.

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEB SITE (THE “AGREEMENT”). If you do not agree to these terms, you may not use this website. PD reserves the right to change these terms and conditions at any time. Each use of this website constitutes acceptance of the current Agreement. PD reserves the right to alter this website and these terms and conditions at any time and without notice.

USE OF SITE

As a condition of your use of this Site, you guarantee that you will not use this Site for any unlawful purpose or for any purpose that is prohibited by this Agreement. Specifically, you may not republish, retransmit, redistribute, or otherwise make this Web Site available to any other party or make the same available on any web site, on-line service or bulletin board of your own or any other party or make the same available in hard copy or on any other media without PD’s express prior written consent.

The use of this website is subject to these additional terms of use:

• Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness, or suitability of the information, materials, and products found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors, and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
• This website and the materials, information, services, and products in this website including but not limited to: text, graphics, and links are provided “as is” and without warranties of any kind either express or implied. PD disclaims all: warranties of merchantability or fitness for a particular purpose, warranties against infringement of any third party intellectual property or proprietary rights, warranties relating to errors, omissions, or correctness of data on the website, and warranties that the website is free of viruses or other harmful components. In no event will PD, its members, partners, affiliates, or any party involved in creating, producing, or delivering this website or any linked site, be liable for any damages including but not limited to: special damages, indirect damages, or consequential damages from your access or use of this Site or the possibility of damages in an action under contract, negligence, tort, strict liability, or any other theory. Furthermore, you agree to indemnify, defend and hold harmless PD, its members, partners, subsidiaries, officers, directors, employees, agents, licensors and suppliers from and against all liabilities, claims, and expenses, including reasonable attorney’s fees, resulting from any violation of these terms and conditions or any activity related to the website.
• Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
• This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, text, code, layout, look, interfaces, appearance, and graphics. Reproduction is prohibited other than in accordance with United States and Oklahoma copyright law notice, which forms part of this Agreement, and all rights are reserved. Other product and company names mentioned on this website may be the trademarks and/or property of their respective owners.
• PD and Client agree that all disputes, controversies, or claims relating to the PD’s website and related, the validity and enforceability of this Agreement, and any issue relating to the arbitrability of this Agreement, shall be promptly resolved exclusively by binding arbitration, pursuant to the Commercial Rules of the American Arbitration Association, by a single, licensed attorney arbitrator, appointed in accordance with those rules at, and in Oklahoma County, Oklahoma, and which all costs and fees of same, including attorney fees and costs, shall be borne by the non-prevailing party. The laws of the State of Oklahoma shall govern the validity, construction, enforcement, and interpretation of the Agreement without regard to conflicts of laws. All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are generally acknowledged on the website.
• Unauthorized use of this website may give to a claim for damages and/or be a criminal offense.
• From time to time this website may also contain links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s). The linked sites are not under control of PD and we are not responsible for the contents of any linked site. You access them at your own risk. PD does not through these links endorse, sponsor, affiliate, or associate any of these linked sites. PD reserves the right to rescind permission to link to this site, and to require termination of any link for any reason in their sole and absolute discretion.
• You may not create a link to this website from another website or document without PD’s prior written consent.
• Unless otherwise specified in writing, this Agreement contains the entire agreement and understanding by and between you and PD with respect to the paragraphs contained herein. No representations, promises, agreements, or understandings, written or oral, not herein contained shall be of any force or effect. No change or modification hereof shall be valid or binding unless the same is in writing and signed by the party against whom such waiver is sought to be enforced. No valid waiver of any provision of this Agreement at any time shall be deemed a waiver of any other provision of this Agreement at such time, or will be deemed a valid waiver of such provision at any other time. If any part of this Agreement is found to be unlawful, void, or unenforceable, that part will be deemed severable and the remaining portions shall remain in full force and effect. Your use of this website and any dispute arising out of such use of the website is subject to the laws of Oklahoma and the United States without regard to conflicts of laws.

PERFORMANCE DASHBOARD ELECTRONIC SIGNATURE AGREEMENT

This Electronic Signature Agreement (“ESA”) governs the rights, duties, and responsibilities of Client identified and described in the OES Set Up Form for the use of all Client’s electronic signature(s), User ID(s), and Password(s) (collectively, the “Client PD Authorization”). The undersigned is or represents the Client. This ESA describes Client’s obligations to protect, and to notify appropriate authorities if Client’s PD Authorization is stolen, lost, compromised, unaccounted for, or destroyed.

1. Client agrees to maintain a current Client PD Authorization for use with all Performance Dashboard services and systems.
2. Client agrees to maintain the security of the Client PD Authorization assigned by Performance Dashboard for the Performance Dashboard Survey System and related systems, services, and products, to prevent disclosure of this information to anyone.
3. Client agrees to keep its Client PD Authorization secret and secure by taking reasonable security measures to prevent it from being lost, modified or otherwise compromised, and to prevent unauthorized disclosure of, access to, or use of it or of any media on which information about it is stored.
4. Client agrees to immediately notify the following if the Client discovers or suspects that it’s PD Authorization has been or is in danger of being lost, disclosed, compromised or subjected to unauthorized use in any way:
   

   Robert Lee Rainey, Vice President/General Counsel
   Performance Dashboard
   1601 NW Expressway, Suite 600
   Oklahoma City, OK 73118-1460
   405-753-1515 (direct)
   405-753-1516 (direct fax)
   rob.rainey@performancedashboard.com

5. If Client requests that its Client PD Authorization be revoked, or Client is notified that someone has requested that Client’s PD Authorization be suspended or revoked, and Client suspects or discover that it has been or may be compromised or subjected to unauthorized use in any way, Client will immediately cease using its Client PD Authorization. Client will also immediately cease using its Client PD Authorization upon termination of employment, contract, or termination of this ESA or termination of its Master Service Agreement or other agreements with Performance Dashboard.
6. Client agrees to be held as legally bound, obligated, and responsible for any submission and communication made using the Performance Dashboard System and related Performance Dashboard systems, services, and products as Client would be by making such submission and communication in paper form with Client’s handwritten signature.
7. Client agrees to be held legally bound, obligated, and responsible for any submission and communication made using the Performance Dashboard Survey System and related Performance Dashboard systems, services, and products by a Client agent whom Client has authorized to act on Client’s behalf.
8. By electronically denoting below Client agrees to this Electronic Signature Agreement and that the Client contact information provided on the Performance Dashboard Set Up Form is true and correct.

© Copyright 2019 Performance Dashboard, All Rights Reserved, Version 10.2.