Website Terms & Conditions

1. USER’S ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS

BY VISITING AND/OR PURCHASING FROM https://processdriven.co/, YOU ARE CONSENTING TO THESE POSTED TERMS AND CONDITIONS.

This website is operated by ProcessDriven LLC dba ProcessDriven™. Throughout the site, the terms “we”, “us”, and “our” refer to ProcessDriven. ProcessDriven offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. The term “user,” “you” and “your” refers to site visitors, customers, and any other users of the site.

By visiting our site and/or purchasing something from this site, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms of Use”, “Terms and Conditions”, “Terms”), including those additional terms and conditions and policies referenced here and/or available by hyperlink. These Terms apply to all users of the site, including, without limitation, users who are browsers, vendors, customers, merchants, and/or contributors of content.

Use of https://processdriven.co/, including all materials presented and all online services provided by ProcessDriven is subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, customers, and all other users of the site. Please read these Terms carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. By using the Site or Service, you agree to these Terms and Conditions, without modification, and acknowledge reading them.

Any new products, resources, features, or tools which are added to the current store shall also be subject to the Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

2. ONLINE STORE TERMS & REFUND POLICY
By agreeing to these Terms, you represent that you are at least the age of majority in your state, jurisdiction, or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. Children under the age of 18 are prohibited from using the Site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Site and/or Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You agree to not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of these Terms will result in an immediate termination of your Services.

You agree to not dispute any charges at any time. In the event that you inadvertently dispute a charge made to your account in connection with a purchase made through this website, you agree to immediately cancel/withdraw such a dispute. You understand that disputing a charge through your financial institution is a violation of this Agreement and you agree to not do so. You are responsible for any fees, including attorney’s fees, associated with recouping payment on disputes and any collection fees associated with such an event.

3. GENERAL CONDITIONS
ProcessDriven and https://processdriven.co/ (“We”) reserve the right to refuse service to anyone for any reason at any time.


You understand that your information (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Payment and credit card information is always encrypted during transfer over networks.


You expressly agree not to sell, resell, reproduce, duplicate, copy, or exploit any portion of this Website, the Service provided, the Products provided, use of the Service/Products, or access to the Service/Products, or any contact on the website through which the service/products are provided, without express written permission by us.

We are not responsible if information made available on this site is not accurate, complete, updated, or current. The material on this site is provided for general informational purposes only and should not be relied upon or used as the sole basis for making decisions, related to your business or otherwise, without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this Site is at your own risk. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

You understand that the information presented in any course, resource, or program via this Site is not legal, financial, therapeutic, mental health, or medical advice and ProcessDriven is not a law firm. All of the information provided throughout the Program and Services, including the resources delivered via phone/video conference, e-mail, in the online forum, live events including webinars and video/audio recordings educating about business, laws, health, and/or finance-related information, are resources for educational and informational purposes only and should not take the place of hiring a licensed professional. You understand that ProcessDriven does not and will not provide any form of diagnosis.

4. ACCOUNT CREATION
In order to use the Service/Site, you may be required to provide information about yourself including your name, email address, username, password, and other personal information. You agree that any registration information you give to ProcessDriven will always be accurate, correct, and up to date. You agree to not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction. In the event that your account is compromised, you agree to notify us in writing immediately and change your password. Any violation of these terms are grounds for removal and banishment from the site at our discretion.

5. LAWFUL PURPOSES
You may use the Site and Service for lawful purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is racist, unethical, threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law. Doing so is grounds for termination of service, at our discretion.

Infringement Notification. ProcessDriven respects the rights of others and we expect users of our Sites and Services to do the same. This Agreement prohibits the infringement of the copyrights of others, and it is also ProcessDriven’s policy that ProcessDriven may remove, suspend, terminate access, or take other appropriate action against repeat offenders. We may also remove content that in our sole discretion appears to infringe the intellectual property rights of others.

 

How to File an Infringement Notification. If you have evidence, know, or have a good faith belief that content residing on or accessible through our online forum or Site infringes a copyright which you own or for which you are a designated agent, please send a notice of infringement by email or regular mail to ProcessDriven by both of the following means:

 

Email: legal@processdriven.co
Address: PO Box 4131; Salt Lake City, Utah 84110; USA

 

In any such notice, please include sufficient information to address the items specified below:

  • Identify the copyrighted work claimed to have been infringed. If multiple copyrighted works are covered by a single notification, provide a representative list of such works.

  • Identify the material that is claimed to be infringing or to be the subject of infringing activity. Include information reasonably sufficient to permit ProcessDriven LLC to locate the material.

  • Please provide a URL and screenshots for each item. Include the specific asset(s) or page(s) that you claim to be infringing.

  • Say “entire work” ONLY if all assets/pages in a collection/document are infringing.

  • Include details of your claim to the material, or your relationship to the material’s copyright holder.

  • Provide your full name, address, and telephone number should we need to clarify your claim.

  • Provide a working email address where we can contact you to confirm your claim.

  • If true, include the following statement: “I have a good faith belief that use of the copyrighted materials described above as the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law.”

  • If true, include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the copyright owner to make this complaint.”

  • Sign the document, physically or electronically.

6. ORDER CONFIRMATION
We will email you to confirm the placement of your order and with details concerning product delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible: hello@processdriven.co

7. PRODUCT DESCRIPTION
We endeavor to describe and display the Site and Service as accurately as possible. While we try to be as clear as possible in explaining the content of our products, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.

8. PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.


We have made every effort to display as accurately as possible the colors and images of our products that appear in the online store. We cannot guarantee that your computer monitor’s display of any color will be accurate.


We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product or service at any time. Any offer for any product or service made on this site is void where prohibited.


We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

9. PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy, click here.

10. OUR INTELLECTUAL PROPERTY
This Site and Service contain intellectual property owned by ProcessDriven LLC, including, but not limited to, trademarks, copyrights, proprietary information and other intellectual property as well as the ProcessDriven name, logo, all designs, text, graphics, digital products, other files, and the selection and arrangement of such. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works based on, distribute, display, reproduce, or perform, or in any way exploit in any format whatsoever any of the Site, Service Content, Course and Program Materials, or other intellectual property, in whole or in part without our prior express and written consent. We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.


(a) ProcessDriven™, ProcessDriven LLC™, ProcessDriven Membership™, and  How to ClickUp™are trademarks exclusively owned by ProcessDriven LLC.

(b) No Resale of Services Permitted. You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Site and/or products purchased via the Site (including training materials), use of the purchased materials/products, or access to any course or products purchased. This agreement and all product(s) purchased are not transferrable or assignable without ProcessDriven’s prior written consent.

 

(c) You agree to not share access to the digital product(s) purchased or other proprietary materials with others. This includes parties that have not purchased the products, or any other third-party that ProcessDriven has not authorized access to.

11. MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our services and products are subject to change without notice.


We reserve the right at any time to modify or discontinue the Service (or any part or content provided) without notice at any time.


We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.

12. AFFILIATE LINKS

ProcessDriven may provide on its website or via email affiliate links under which ProcessDriven may benefit monetarily. ProcessDriven in no way guarantees the quality of product or service provided by any third-party and bears no liability with respect to such service or experience.

 

13. NON-DISPARAGEMENT
You agree to refrain from making any statements or comments of a defamatory or disparaging nature to any third-party regarding ProcessDriven, or any of ProcessDriven’s officers, directors, employees, personnel, agents, policies, services or products, other than to comply with law. This provision in no way restricts your ability to communicate reviews or performance assessments about ProcessDriven’s goods or services.

 

14. LIMITATION OF LIABILITY
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICE. ADDITIONALLY, ProcessDriven LLC IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD-PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF ProcessDriven LLC HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL ProcessDriven LLC’S CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE PRODUCT/SERVICE YOU HAVE PURCHASED FROM ProcessDriven LLC AND/OR https://processdriven.co/ AND IF NO PURCHASE HAS BEEN MADE BY YOU, ProcessDriven LLC’S CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED $100.

15. INDEMNIFICATION
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third-party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third-party claim or waive any defense without our prior written consent.

16. CHANGES TO POSTED TERMS
We may at any time amend these Terms of Use. Such amendments are effective immediately upon notice to you by us posting the new Terms on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms.

17. HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

18. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between you and ProcessDriven LLC pertaining to this Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by ProcessDriven LLC shall be deemed, or shall constitute, a waiver of any other provision. No waiver shall be binding unless executed in writing by ProcessDriven LLC.

19. NOTICES
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:
ProcessDriven LLC
PO BOX 4131
Salt Lake City, Utah USA 84110

E-mail address: legal@processdriven.co

20. GOVERNING LAW; VENUE; MEDIATION
This Agreement shall be construed in accordance with, and governed by, the laws of the State of Utah as applied to contracts that are executed and performed entirely in Utah. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be Salt Lake County, Utah. The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of The CPR Institute for Conflict Prevention & Resolution or any other procedure upon which the Parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute resolution procedures.

21. RECOVERY OF LITIGATION EXPENSES
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.

22. SEVERABILITY
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.

23. ASSIGNMENT
These Terms and Conditions bind and inure to the benefit of the Parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sub-licensable or otherwise transferable by you. Any transfer, assignment, delegation or sublicense by you is invalid.

Questions about these Terms and Conditions? Email us at legal@processdriven.co.

Updated: June 1, 2021

Subscription and Course Membership Terms & Conditions

 

By participating in the ProcessDriven Membership (the “Subscription”) or the How to ClickUp course (the “Course”, signing this Agreement, or accessing the ProcessDriven Membership or How to ClickUp Member Site or (the “Site”) you are agreeing to the following terms.

 

Please read this Agreement carefully before accessing or using ProcessDriven’s (the “Company”) proprietary materials which includes any written, audio, or visual presentations or documents associated with the Subscription or Course.

 

If you do not understand or do not accept this agreement, please do not access any of the Company’s proprietary materials and immediately contact us at legal@processdriven.co.

This Subscription Agreement is entered into and effective as of the date of signature below by and between (“Member”) and ProcessDriven LLC doing business as ProcessDriven (“Company”), having an address of PO BOX 4131, Salt Lake City, Utah 84110.

 In consideration of Member enrolling in the Subscription or Course, it is agreed as follows:

 1. Scope of the Subscription and Course

(a) Subscription Membership includes the following:

  • Access to the learning materials, past trainings, and content shared via the Member Site

  • Access to monthly programming, including group calls and live training

  • Access to ProcessDriven Membership private forum

The Subscription membership services outlined above are hereafter referred to as the “Subscription Membership.” Any additional services offered by Company to Member may require additional fees and signing of a separate agreement to be discussed and agreed upon by the parties. This includes any 1:1 sessions, intensives, or consulting services.

 

(b) Course Membership includes the following:

  • Access to the learning materials and content shared via the Member Site

  • Access to live training (for up to four weeks)

  • Access to in-course private support forum

The Course Membership services outlined above are hereafter referred to as the “Course Membership.”

 

When Subscription membership services apply to both the ProcessDriven Membership and How to ClickUp services, the membership services outlined are hereafter referred to as the “Membership.”

2. Member Duties

(a) Subscription Rate. In consideration for the Subscription Membership provided by Company to Member as set forth in Section 1(a) above, Member agrees to pay the current Subscription Membership fee at the time of joining either in one lump sum payment of for twelve (12) months of membership or on a quarterly basis for three (3) months. In the event that any authorized charge applied by us to your card fails, you remain responsible for payment as agreed to, as well as any penalty/late fees as detailed below.

 

If you select the quarterly plan, you understand that the subsequent payments will be charged to your account ninety (90) days from the date of the first payment.

(b) Course Rate. In consideration for the Course provided by Company to Member as set forth in Section 1(b) above, Member agrees to pay the current Course fee at the time of joining as a one time payment. Upon payment, the Member will receive access to the course for as long as it is made available and up to four weeks of access to live training(s).

 

(b) Late Payment Fee. Company reserves the right to restrict your access to the Membership or terminate your participation in the Site immediately upon payment failure. Access will be restricted unless and until all outstanding fees have been paid in full. If any fee outlined in this Agreement remains unpaid on the 14th day following its due date, Membership will be permanently terminated.

 

(c) Payment Security and Disputes. To the extent that Member provides Company with bank/credit/debit card(s) information for payment on Member’s account, Company shall be authorized to charge Member’s card(s) or account(s) for any unpaid charges on the dates set forth in this Agreement.

 

(d) If Member selects the multiple payment/installment plan to make payments to Company, Company shall be authorized to make all charges at the time they are due and not require separate authorization in order to do so. Member agrees to not dispute any charges at any time. In the event that Member inadvertently disputes a charge made to the account, Member agrees to immediately cancel/withdraw such a dispute. Member agrees to not cancel the credit/debit card that is provided as security without Company’s prior written consent. Member is responsible for any fees, including attorney’s fees, associated with recouping payment on disputes and any collection fees associated with such an event.

 

(e) Member understands that Member’s success or benefit in the Membership is dependent upon Member’s level of participation in the Membership. In order to get the most out of the Membership, Member must also work to participate in the Membership, implement the tools and strategies learned throughout the Membership, and make considerable efforts toward Member’s own development on Member’s own time. Member is responsible for requesting support from Company when needed.

 

3. Term

(a) Subscription Pay in full option. The term of this Agreement shall be twelve (12) months beginning on the date this Agreement is signed or a separate date agreed to in writing. Upon completion of the 12-month term, Member will no longer have access to all Services and the Site. Member and Company may choose to renew this Agreement for an additional term upon signing of a new agreement.

 

(b) Subscription Quarterly payment option. The term of this Agreement shall be three (3) months beginning on the date this Agreement is signed or a separate date agreed to in writing. Member will no longer have access to all Services and the Site in the event that Member decides to terminate Membership. Member and Company may choose to renew this Agreement for an additional term upon signing of a new agreement.

4. Cancellations and Refunds

 

(a) Member may request to cancel and fully refund their purchase of the Membership within the first 14 days of purchase. Upon cancellation, access to the Subscription, Site, and/or Course will be terminated. 

 

(b) Member may cancel access to the Subscription Membership at any time for any reason by providing written notice to Company or within the Customer Billing Center. Upon cancellation, access to the Subscription and Site will be terminated at the end of the relevant billing period. In the event that any Member requests termination of the Membership during the month term, Member is not entitled to any full or partial refunds.

 

(c) Members may use the Site and Membership for lawful purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is racist, unethical, threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law. Doing so is grounds for termination of service, at our discretion.

 

In the event that Member engages in abusive or otherwise unprofessional behavior as outlined above in the community forum or Site, towards representatives of Company or other members, Company reserves the right to cancel Member’s Membership and terminate access to the Membership, without warning. No refund will be provided in the event that this takes place. Member will remain obligated to pay all remaining unpaid membership fees in full.

 

Member agrees to communicate with other members with the utmost respect and professionalism.

 

(d) Member’s failure to effectively participate in the Membership is not grounds for a refund.

 

(e) Programming. Times and dates for any monthly programming are pre-scheduled and will be shared with Members. In the event that a live call or training needs to be rescheduled, Company will notify Members via email at the earliest possible time. In the event that a training session is cancelled, Company will make an effort to arrange alternative programming, but does guarantee that it will be able to do so. Cancellation or rescheduling of programming is not grounds for a refund, full or partial.

 

(f) Refund Policy. No refunds will be provided after the first 14 days of Membership. Member understands that disputing a charge through their financial institution is a violation of this Agreement and agrees to not do so. Please refer to Section 2(c) for our payment dispute policy.

 

(g) The Membership Term cannot be paused or placed on hold for any reason without the written authorization of Company.

 

5. No Guarantees

(a) We cannot guarantee the outcome of access to the Membership and/or participation in the Site. We make no guarantees other than that the Scope of Subscription or Course described in Section 1(a) shall be provided to you in accordance with this Agreement. Member acknowledges that Company cannot guarantee any results of the Membership as such outcomes are based on subjective factors (including, but not limited to, Member’s participation) that cannot be controlled by Company. Any testimonials or reviews shared by Company are not a representation of guaranteed results, only possible results. Member not achieving their desired results is not grounds for a refund.

 

(b) From time to time, and upon Member’s request, Company and/or its representatives may provide Member with recommendations or referrals for third-party service providers. Company in no way guarantees the quality of service provided by any third party and bears no liability with respect to such service or experience.

 

(c) Affiliate Links. Company may provide Member with affiliate links under which Company may be compensated monetarily. Company is no way guarantees the quality of service provided by any third party and bears no liability with respect to such service or experience.

 

(d) Technical Issues. In the event that the learning materials provided via the online learning platform (Membervault, Memberoni, Vimeo, etc.) are inaccessible, Company shall have 72 hours to re-deliver access to Member, not including holidays or weekends.

 

(e) Force Majeure. Notwithstanding the above, the Company may choose to be excused of any further performance obligations in the event of a disastrous occurrence outside the control of Company that materially affects the Services provided in this Agreement, including:

1. A natural disaster (fires, explosions, earthquakes, hurricane, flooding, storms, or infestation); or

2. War, Invasion, Act of Foreign Enemies, Embargo, or other Hostility (whether declared or not); or

3. Any hazardous situation created outside the control of either party such as a riot, disorder, pandemic or epidemic, nuclear leak or explosion, or act or threat of terrorism.

 

In the event that Section 5(e) applies, Company will be permitted to make every reasonable effort to reschedule programming/calls/sessions/etc. as needed in order to comply with the terms of this Agreement, however, will not be found in breach if this is not possible.

 

6. Confidentiality

(a) Member Information. Any and all Member information and data of a confidential nature, including but not limited to any and all design, creative, marketing, sales, operating, performance, know how, business and process information (“Confidential Information”), shall be treated by Company in the strictest confidence and not disclosed to third parties or used by Company for any purpose other than for providing Member with the services specified here without Member’s express written consent, other than to comply with law. Confidential Information shall not include any information which (a) becomes available to the public through no breach of confidentiality by Company, (b) was in Company’s possession prior to receipt from the disclosure, (c) is received by Company independently from a third party free to disclose such information, or (d) is independently developed by Company without use of the Member’s Confidential Information.

 

(b) Participant Information. Member agrees to keep confidential any Confidential Information, as defined in paragraph 6(a), shared by fellow participants in the Membership (“Participants”). Any Confidential Information shared by Participants is confidential, proprietary, and belongs solely and exclusively to the Participant who discloses it. Member agrees not to disclose, reveal or make use of any Confidential Information or any transactions, during discussions, in the Facebook group or otherwise. Member agrees not to use such Confidential Information in any manner other than in discussion with other Participants in the Membership. Confidential Information shall not include information rightfully obtained from a third party. Member will keep Participants’ Confidential Information in strictest confidence and shall use the best efforts to safeguard the Confidential Information and to protect it against disclosure, misuse, loss and theft.

 

(c) Company Information. Member agrees to keep confidential any Confidential Information, as defined in Section 6(a), shared by Company in the Membership. Any Confidential Information shared by Company, its employees, or contractors is confidential, proprietary, and belongs solely and exclusively to Company. Member agrees not to disclose, reveal or make use of any Confidential Information or any transactions, during discussions, on the Facebook group or otherwise. Member agrees not to use such Confidential Information in any manner other than in discussion with other Participants in the Membership. Confidential Information shall not include information rightfully obtained from a third party. Member will keep Company’s Confidential Information in strictest confidence and shall use the best efforts to safeguard the Confidential Information and to protect it against disclosure, misuse, loss and theft.

 

(d) Non-Disparagement. Member shall, during and after the participation in the Membership, refrain from making any statements or comments of a defamatory or disparaging nature to any third-party regarding Company, or any of Company’s officers, directors, employees, personnel, agents, policies, services, or products, other than to comply with law. This provision in no way restricts a Member’s ability to communicate reviews or performance assessments about a Company’s goods or services.

 

(e) Violations of Confidentiality. Member agrees that if Member violates or displays any likelihood of violating this Section 6 the Company and/or the other Participant(s) will be entitled to injunctive relief to prohibit any such confidentiality violations to protect against the harm of such violations.

 

7. Independent Contractors 

(a) Independent Contractor Relationship. This Agreement shall not render Company an employee, partner, agent of, or joint ventures with the Member for any purpose. Company is and will remain an independent contractor and service provider in its relationship to the Member. Company is or remains open to conducting similar tasks or activities for entities other than the Member and holds itself out to the public to be a separate business entity. Company shall retain sole and absolute discretion in the manner and means of carrying out the activities and responsibilities under this Agreement. Company will not be required to follow or establish a regular or daily work schedule. Company will not rely solely on the equipment or offices of Member for completion of tasks and duties set forth pursuant to this Agreement. Any advice given to Company regarding services performed for the Member shall be considered a suggestion only, not an instruction. Company and Member agree to conform to any and all IRS tests necessary to establish and demonstrate the independent contractor relationship between Member and Company.

 

(b) Taxes and Benefits. Company will be responsible for filing its own tax returns and to pay taxes in accordance with all provisions of applicable Federal and State law. Member shall not be responsible for withholding taxes with respect to Company’s compensation. Company shall have no claim against Member for vacation pay, sick leave, retirement benefits, social security, worker’s compensation, health or disability benefits, unemployment insurance benefits or employee benefits of any kind.

 

8. Ownership of Intellectual Property 

(a) IP Ownership. Member agrees that the Program contains proprietary content (“Intellectual Property”) that is owned solely by Company and/or its licensors and is protected by copyright, trademark, and any other applicable intellectual property laws. Company retains the sole right to use, reproduce, and distribute the Intellectual Property throughout the universe in any and all mediums. Company grants Member a license to use the Intellectual Property solely for Member’s own noncommercial, individual, purposes.

 

Member agrees that it has no right to create derivatives of, share, reproduce, distribute, modify, translate, post, license, sell, loan, or otherwise exploit the Intellectual Property, whether commercially or non-commercially, and acknowledges that doing so constitutes a violation of law.

 

For the avoidance of doubt, Member agrees not to create any derivative products, blog posts, websites, guides, worksheets, tool kits, videos, audio recordings, or the like based on Company’s Intellectual Property (including any and all content) or that in any way violates Company’s Intellectual Property, without Company’s written consent. Any registered or common law trademark, service mark, logo, or tagline used in conjunction with the Program is property of the Company. Member may not use such trademarks or service marks for any purpose except with written permission by Company.

 

ProcessDriven Membership™, ProcessDriven Methodology™, Vertical Hierarchy™, Process Org Chart™, Enjoy the Process™, Capacity Defense Plan™, How to ClickUp™, and ProcessDriven are trademarks of ProcessDriven LLC.

 

(b) No Resale of Services Permitted. Member agrees not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Membership (including training materials), use of the Membership, or access to the Membership. This agreement is not transferrable or assignable without the Company’s prior written consent.

 

(c) Member agrees to not share access to the Membership or materials with others. This includes parties that have not purchased access to the Membership, or any other third-party that Company has not authorized access to.

 

(d) Recordings. All trainings/group calls and meetings are recorded by Company. Member may access these recordings via the online forum or other means provided by Company. Member agrees and consents to the recording of any calls, meetings, or conversations which take place as part of this Agreement. Company reserves all rights in any and all recordings.

 

(e) Infringement Notification. Company respects the rights of others and we expect users of our Sites and Services to do the same. This Agreement prohibits the infringement of the copyrights of others, and it is also Company’s policy that Company may remove, suspend, terminate access, or take other appropriate action against repeat offenders. We may also remove content that in our sole discretion appears to infringe the intellectual property rights of others.

 

(f) How to File an Infringement Notification. If you have evidence, know, or have a good faith belief that content residing on or accessible through our online forum or Site infringes a copyright which you own or for which you are a designated agent, please send a notice of infringement by email or regular mail to ProcessDriven LLC by both of the following means:

 

Email: legal@processdriven.co
Address: PO BOX 4131, Salt Lake City, Utah 84110

 

In any such notice, please include sufficient information to address the items specified below:

  • Identify the copyrighted work claimed to have been infringed. If multiple copyrighted works are covered by a single notification, provide a representative list of such works.

  • Identify the material that is claimed to be infringing or to be the subject of infringing activity. Include information reasonably sufficient to permit ProcessDriven LLC to locate the material.

  • Please provide a URL and screenshots for each item. Include the specific asset(s) or page(s) that you claim to be infringing.

  • Say “entire work” ONLY if all assets/pages in a collection/document are infringing.

  • Include details of your claim to the material, or your relationship to the material’s copyright holder.

  • Provide your full name, address, and telephone number should we need to clarify your claim.

  • Provide a working email address where we can contact you to confirm your claim.

  • If true, include the following statement: “I have a good faith belief that use of the copyrighted materials described above as the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law.”

  • If true, include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the copyright owner to make this complaint.”

  • Sign the document, physically or electronically.

 

9. Warranties 

(a) Company’s Warranties. Company represents, warrants, and covenants that Company has full authority to enter into this Agreement and all of the Services, whether performed by Company or any of its subcontractors, will be rendered using sound, professional practices and in a competent and professional manner by knowledgeable and qualified personnel.

 

(b) Member’s Warranties. Member represents, warrants, and covenants that Member has full authority to enter into this Agreement and has or will obtain all of the necessary consents, rights, licenses, clearances, releases or other permissions to lawfully consummate the transactions and lawfully discharge, in all material respects, each and every of Member’s obligations or duties, whether performance is due now or during the Term.

 

(c) Except for the express warranties provided throughout these terms, neither party makes any other warranties, express or implied.

 

10. Limitation of Liability 

(a) In no event shall Company have any liability to Member for any lost profits, loss of use, business interruption, costs of procurement of substitute goods or services, or for any indirect, special, incidental, multiple, exemplary, punitive, or consequential damages however caused and, whether in contract, tort or under any other theory of liability, whether or not either party has been advised of the possibility of such damage; and

 

(b) In no event shall Company’s liability to Member exceed the fees paid by Member under these terms, whether in contract, tort, or under any other theory of liability.

 

(c) The limitations in this Section 10 shall not apply to a breach of confidentiality by a party to this Agreement or the obligations under Sections 7 and 8.

 

(d) Member understands that the information presented in the Program is not legal, financial, therapeutic, mental health, or medical advice and Company is not a law firm. All of the information provided throughout the Membership including the resources delivered via phone/video conference, e-mail, in the online forum, live events including webinars and video/audio recordings educating about business, laws, health, and/or finance-related information, are resources for educational and informational purposes only and should not take the place of hiring a licensed professional. Member understands that Company does not and will not provide any form of diagnosis.

If a coach or individual acting on behalf of ProcessDriven LLC within the program is licensed in some professional manner (JD, MD, RN, PA, LMFT, Therapy/Mental health professionals, etc.), Member understands that these individual(s) are not acting within their capacity as a licensed professional(s).

 

11. Entire Agreement; Modification

This Agreement constitutes the entire agreement between the parties pertaining to the subject matter contained in it and supersedes all prior and contemporaneous agreements, representations, and understandings of the parties. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing by all the parties.

 

No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a waiver of any other provision. No waiver shall be binding unless executed in writing by the party making the waiver.

 

12. Neutral Construction 

This Agreement was prepared by Company. It is expressly understood and agreed that this Agreement shall not be construed against Company merely because they were prepared by it or its counsel; rather, each provision of this Agreement shall be construed in a manner which is fair to both parties.

 

13. Changed Terms 

Company may at any time amend these Terms. Such amendments are effective immediately upon notice to you by us posting the new Terms on the Membership forum/Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms.

 

14. Assignment 

This Agreement shall be binding on the parties to it and their respective heirs, legal representatives, successors, and assigns; provided, however, that Member may not assign any of its rights under this Agreement. 

 

15. Notices 

All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:

ProcessDriven LLC.

PO BOX 4131, Salt Lake City, Utah 84110

E-mail: legal@processdriven.co

 

To Member at Member’s mailing and/or e-mail address provided at the time of purchase.

 

Any party may change its address for purposes of this paragraph by giving the other parties written notice of the new address.

 

16. Governing Law; Venue; Mediation 

This Agreement shall be construed in accordance with, and governed by, the laws of the Utah as applied to contracts that are executed and performed entirely in Utah. The exclusive venue for any proceeding based on or arising out of this Agreement shall be Salt Lake County, Utah. The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to this Agreement by mediation, after a good faith effort to resolve such dispute amicably. Parties shall share in the costs. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration or other dispute resolution procedures.

 

17. Recovery of Litigation Expenses

If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.

 

18. Severability 

Wherever possible, each provision of this contract will be interpreted so that it is valid under applicable law. If any provision is held illegal or unenforceable, that provision will be reformed to the extent necessary to make the provision legal and enforceable. All remaining provisions will remain unaffected and will continue in full force and effect.

 

Both parties understand that signatures transmitted digitally and created electronically via touchscreen or computer mouse shall have the same force and binding effect under law as an original handwritten signature in ink.

 

The parties have executed this Agreement on the date of enrollment by Member. Completion of enrollment, payment by Member, and granted access to the Site constitutes our Agreement.

 

ProcessDriven Affiliate Terms and Conditions

 

Hi there—We are so excited for you to join our Affiliate Program! (the “Program”)

This Agreement explains how the Program works, how our Affiliates (“Affiliate(s)”; “Partner”; “You”) are paid commissions, what roles & responsibilities are in place (for you & for us!), and a couple of other important details. This Agreement is designed to answer any questions either of us may have, to help us all avoid misunderstandings or miscommunications, and to make sure this is the start of a beautiful relationship!

By entering into this Agreement, you affirm that you are at least eighteen (18) years old.

I. Our Affiliate Program.
Once you sign this Agreement, you will receive a welcome email with additional information & resources.

Purchases via Website
You will also be provided log-in credentials to the Affiliate Hub (“Affiliate Hub”) along with a unique affiliate link.

An “Affiliate Link” is defined as a hyperlink or URL which contains the Affilate’s ID with the intention of tracking referred traffic to the ProcessDriven website (https://www.processdriven.co/, the “Website”). When you, as an Affiliate, direct or send a prospective buyer to the Website via a correctly formatted Affiliate link and that visitor then purchases a product or service from our Company – the Affiliate will receive a twenty percent (20%) commission from our Company on the sale of that product or service (the “Commission”).

Need to Know:

  • All Commission payouts are delivered via PayPal and in US Dollars and are deposited directly into the account you provide to us.
  • We process payouts every thirty (30) days. You can reasonably expect to be paid Commissions within thirty (30) days of the customer/client’s purchase through your link or your personal referral, absent any extreme or out of the ordinary circumstances that may affect the payout process.

General Usage Rules:

  • Please do NOT alter our branding; logo; offer, product, or service description
  • You agree to not promote our products/services in any way that might be deemed unethical, or that defames or misrepresents ProcessDriven or our Affiliate Program
  • Make clear to referred parties and the public that you are not an employee of ProcessDriven

Purchase Refunds
If a customer disputes or is entitled to a refund at any time up to 14 days from the date of the sale, you understand that we will charge you back for that Commission.

Affiliate Hub Access
Once you start sharing your Affiliate link with others, you will be able to see the following information in the Affiliate Hub on the Statistics tab:

  • Number of people who have clicked on your link
  • Number of sales you’ve referred
  • Paid & unpaid commissions (earnings)

For your latest sales/commission numbers, please check your Affiliate Hub.

II. Term
This Agreement is effective immediately upon your signature and acceptance of this Agreement and shall continue until terminated as described in this section.

Termination. Both parties (You, as Affiliate, and Us, as ProcessDriven) to this Agreement reserve the right to terminate this Agreement. In the event of termination of this Agreement, all outstanding Commissions due to you will be payable, so long as the necessary refund period, if applicable, has passed.

If a refund or chargeback occurs within fourteen (14) days following termination, all amounts will be invoiced to you, as described in this Agreement, to be paid within 30 days of receipt.

If we terminate this Agreement due to breach by the Affiliate, Affiliate shall not be entitled to any outstanding Commission payments.

III. Your Responsibilities
Our Anti-Spam Policy. You, as an Affiliate, agree to wholly comply with all United States Federal CAN-SPAM Acts. We at ProcessDriven have a zero-tolerance policy towards spam (in the form of paper and/or electronic communications/email/etc.) or any Affiliate associated with spam. If, at our discretion, we establish that you are involved with spam in any way including creating, sending, or otherwise distributing spam we may immediately terminate your Program account and you will forfeit all Commissions pending.

Federal Trade Commission (FTC) Guidelines & Requirements. You agree to follow the FTC guidelines (click the link below to read and view the guidelines themselves).

Prohibited Actions. You, as an Affiliate, agree not to:

  • Spam other individuals or companies using e-mail or other electronic communications or engage in any other illegal activity as it relates to the promotion of our products or services
  • Attempt to purchase from ProcessDriven (https://www.processdriven.co/) using your own personal Affiliate link. To clarify, you, as an Affiliate, cannot register yourself as an Affiliate or earn commissions on your own purchases.
  • Misrepresent ProcessDriven, ProcessDriven LLC or any of our other sites, properties, products, or services.
  • Engage in any conduct that is likely to impair or cause damage to the operation of ProcessDriven or the ProcessDriven website whether by way of malicious code, harmful virus, corrupted file, or through use of any other software or program.
  • Disparage ProcessDriven, ProcessDriven LLC, or any of our other sites, products, or services, the ProcessDriven website using negative language in any content or website copy.

Your Information. You are responsible for providing ProcessDriven with your correct contact & payment information at the time that you register for the Program. Your failure to provide us with correct contact information could result in the suspension of your account because we may be unable to contact you regarding important issues concerning the Program and your participation. If you provide us with incorrect information, payments may be delayed by up to 6 months to one year. If you become aware that we have been provided incorrect contact information or if your contact information changes, you agree to immediately notify us and provide the correct contact information.

All confidentiality and non-disclosure agreements survive the termination of the Affiliate relationship.

IV. Our Policies
No Guarantee Regarding Your Commission Income. We make no income/commission/benefit//financial guarantees or claims, nor any guarantee of any kind regarding the income, potential or otherwise, that may be generated through your participation in the Program.

Email/Electronic Communications. E-mail is our preferred method of communication. Please understand that social media is not a reliable form of communication for purposes of this Agreement. You agree to receive email or other electronic communications from us. You also agree to receive all notices and disclosures from us via email. You are responsible for ensuring that your email address is not blocked or impaired in any way. Please ensure that our email address is flagged as safe and familiar in your email system. (Email address: legal@processdriven.co)

Warranties. We strive to ensure that our website and online platforms are error-free; we do not express or imply any warranty or other assurance as to the accuracy, completeness, timeliness, or fitness for any particular purpose of the material appearing on ProcessDriven.co or any of our other website properties beyond reasonable efforts to maintain the site. To the maximum extent permitted by law, we provide our websites, platforms, and related information and products/services on an “as is” basis without any express or implied warranties, representations, or guarantees of any kind.

V. Our Intellectual Property
Intellectual Property Ownership. You agree to never publish, reproduce, use, copy, modify, store, distribute, print, display, perform, or publish any of our Intellectual Property except as expressly provided in this Agreement or with prior written consent from ProcessDriven LLC.

We reserve all rights to our Intellectual Property (“IP”) assets, including but not limited to copyrights, trademarks, service marks, and other intellectual property rights that may exist in our platforms/websites including video clips, text, photos, illustrations, graphic design, audio, or source code, belonging to ProcessDriven, ProcessDriven LLC, or any of our other properties.

Modification and Display of IP. You understand that you are not permitted to make any changes to any of our Intellectual Property assets including, but not limited to, the images, logos, written copy found on our Site or social media platforms.

Permitted Use of IP. You may use the logos, videos, and images provided to you by us for purposes related to your participation in the Program only.

You agree to immediately remove or alter any public post on your platforms (website, social media profiles/pages, etc.) in the event that we make such a request in writing. (So long as the post is related to our Company or our products/services.)

VI. Content Creation Terms
Tags & Hashtags. Affiliates should tag @processdriven.co whenever sharing our content and use the following hashtag in all posts: #ProcessDriven
Branding. We have a duty to protect the ProcessDriven brand. The following section presents our usage rules and branding guidelines to simplify what is permitted and acceptable when you promote ProcessDriven and/or any of our products/services. For questions about your use of our branded content and/materials, please contact us at legal@processdriven.co.

You are permitted to use our brand names and logos as described below, so long as you continually follow our usage and placement rules as detailed here:

Usage Rules.

  • You agree to only use logos provided by ProcessDriven. Logos can be requested directly by emailing legal@processdriven.co
  • You agree to never change the color of, or in any way recreate or alter our logos or other brand assets, including graphics.
  • You agree to follow the content creation guidelines in the Affiliate Hub, regarding photo/video quality, background, etc.
  • You agree to never engage in unethical, racist, discriminatory, or harmful language.
  • You agree to always make it clear that you are a Third-Party, and in no way imply that you are employed by us.
  • You agree to never imply or state that your website/blog is owned, operated, maintained, or otherwise directly associated with ProcessDriven (for example, by including a statement to that effect on your site or in social media posts).

Domain Names. You are not permitted to use any of our product, program, or brand names within a domain name.

Prohibited Platforms. You are not permitted to advertise/promote ProcessDriven or any of our other offers, products, or services on any sites or platforms that:

  • Promote hate, racism, political candidates, tobacco/nicotine-products, sexually explicit material, illegal activities, and/or gambling;
  • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
  • Contain any violations of intellectual property rights other applicable laws.

VII. Miscellaneous
Limitation of Liability. To the extent legally permitted, in no event shall ProcessDriven, or any of our other sites, properties, our affiliates, licensors, agents, or any of our or their directors, employees, or agents have any liability to you as an Affiliate for any lost profits, loss of use, business interruption, costs of procurement of substitute goods or services, or for any indirect, special, incidental, multiple, exemplary, punitive, or consequential damages however caused and, whether in contract, tort or under any other theory of liability, whether or not either party has been advised of the possibility of such damage.

Security. We strive to protect the security of your personal information and contact information, however, due to the nature of the internet and electronic communications generally, you acknowledge the risk of unauthorized access to (or alteration of) your transmissions or data or of the information contained on your computer system or on our websites. You understand that ProcessDriven LLC and ProcessDriven is not responsible or liable for any nature of any losses you may sustain because of such unauthorized access or alteration. All information transmitted to or from you is transmitted at your own risk, and you assume all responsibility and risks arising in relation to your use of this website and the Internet generally. You agree and understand that we are not responsible for any interference or damage to your own computer system which may arise in connection with your accessing of our websites or any outbound hyperlinks.

Indemnification. Your use of our websites and content is voluntary. You shall indemnify us against, holding all harmless from all claims and expenses (including reasonable legal and attorneys’ fees) arising from your use of our websites and content or your failure to maintain the confidentiality or security of your password or access rights.

Independent Contractor Relationship. You understand and agree that you are acting as an independent contractor when acting as an Affiliate. No employer-employee relationship, legal partnership, joint venture, or legal entity is created between the Parties to this Agreement.

Taxes & Benefits. You, as an Affiliate, will be responsible for filing your own tax returns and pay taxes in accordance with all provisions of applicable Federal and State law. ProcessDriven shall not be responsible for withholding taxes with respect to any commissions paid out to you. The relationship between Company and any Affiliate is not an employer-employee relationship. Affiliate shall have no claim against the Company for vacation pay, sick leave, retirement benefits, social security, worker’s compensation, health or disability benefits, unemployment insurance benefits, or employee benefits of any kind.

Modifications. We reserve the right to amend this Agreement as needed from time to time. You are bound by any changes made to this Agreement and your acceptance of any income through or due to the Program will be regarded as acceptance by you of any changes to this Agreement. We will inform you of any changes made to this Agreement via email to the email address provided by you to us.

Headings. Headings are included in this Agreement for convenience and shall not affect the construction of said Agreement.

Neutral Construction. This Agreement was prepared by Company. It is expressly understood and agreed that this Agreement shall not be construed against Company merely because it was prepared by Company and/or its counsel; rather, each provision of this Agreement shall be construed in a manner which is fair to both parties.

Severability. Wherever possible, each provision of this contract will be interpreted so that it is valid under applicable law. If any provision is held illegal or unenforceable, that provision will be reformed to the extent necessary to make the provision legal and enforceable. All remaining provisions will remain unaffected & will continue in full force and effect.

Confidentiality. You shall keep confidential the terms of this Agreement and any information associated with the Program subject to any disclosure required by law. This clause shall survive termination of this Agreement. You agree to use the information, materials, and communications provided by this Program ONLY for the sole purpose of selling and/or promoting the products sold on https://www.processdriven.co/.

Governing Law; Venue; Mediation. This Agreement shall be governed by the laws of the State of Utah as applied to contracts that are executed and performed entirely in Utah. The exclusive venue for any proceeding based on or arising out of this Agreement shall be Salt Lake County, Utah. The Parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement by mediation, after a good faith effort to resolve such dispute amicably. Parties shall share in the costs of mediation. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute resolution procedures.

All rights reserved. All rights not expressly granted in this Agreement are reserved by Company.

Waiver. Any waiver by ProcessDriven LLC of a breach of or right under this Agreement will not constitute a waiver of any other or subsequent breach or right.

Notices. All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:
ProcessDriven LLC
PO Box 4131
Salt Lake City, Utah 84110
E-mail: legal@processdriven.co

To Affiliate at Affiliate’s mailing and/or e-mail address provided at the time of signature.

Phew – That’s it! Now let’s get this party started!