CRESTVIEW.io - Terms of Use

Last Updated: November 8, 2024

Our products and services are offered by BAR Management Solutions, LLC (BAR) or named subsidiaries Crestview Technology Services, LLC (CTS) and Crestview Advisory Services, LLC (CAS).

These terms of use apply to content and services served from bar-ms.com and crestview.io domains and their respective sub-domains.

Crestview.io, is a SaaS (Software as a Service) based business risk evaluation tool designed to help organizations address key operational and compliance risks across functional areas. CTS owns intellectual rights and licensing rights to the Crestview.io Business Risk Evaluation Tool (BRET) and will license the use of the Software as a Service to the Customer or Service provider as applicable.

Our Services

Our services are not intended for use by any person or entity whose principal residence or corporate headquarters are not within the United States of America (USA). Persons accessing our services outside of the USA are responsible for compliance with any local laws and regulations related to accessing and utilizing our services. BAR has the right to limit the geographical range where the tool is accessible.

Additionally, our services do not specifically gather personally identifiable information other than first name, last name and email address.

Acceptance of these Terms of Use

By using the BAR websites or the Crestview.io platform, you warrant that you have read and reviewed the Terms of Use and that you agree to be bound by it. If You do not agree to be bound by these Terms of Use, please leave the websites and/or the Crestview.io platform immediately.

Intellectual Property Rights

BAR owns the intellectual property rights to the Crestview.io Business Risk Evaluation Tool and associated methodology.

BAR does not own specific frameworks and methodologies that are referenced within the Crestview.io platform unless otherwise noted.

User Representations

By using our services, you represent that you:

Agree to these terms of service.
Are not a minor (under 18 years of age).
Are not accessing the services through the use of a bot or otherwise automated script.
Will not use the service or its output for any illegal or unauthorized purpose.
Will not attempt to reverse engineer the BRET tool.

BAR has the right to suspend or terminate your use of the tool if it has evidence of any of the above activity occurring.

Service Interruptions

BAR may need to interrupt access to any BAR platform (websites, applications, etc.) to perform maintenance on a scheduled basis or emergency services as necessary. You agree that your access may be affected by unanticipated or unscheduled downtime, for any reason, but that BAR shall have no liability for any damage or loss caused as a result of such downtime.

Purchases and Payment

Payment of services for use of the Crestview.io Platform and can be made based on the terms of the Statement of Work (SOW) signed with the Client.

In application upgrades can only be made by the organization admin, enterprise admin (as applicable) or the platform administrator.

Cancellation

Cancellation of services for a client can be made based on the terms of the Statement of Work (SOW) signed with the client.

All individual user accounts (additions, changes and terminations) are the responsibility of the client administrator.

BAR reserves the right to pause or terminate any client or user account at any time and for any reason related to the actual or suspected violation of these terms of use.

Prohibited Activities

You agree not to undertake any of the following actions:

To harass, abuse, or threaten others.
To violate any intellectual property rights of BAR or any third-party;
To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
To perpetrate any fraud;
To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
To publish or distribute any obscene or defamatory material;
To publish or distribute any material that incites violence, hate, or discrimination towards any group;
To unlawfully gather information about others;
Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on BAR or the BRET platform;
Violate the security of BAR or the BRET platform through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network.

Third-Party Websites and Content

BAR may occasionally post links to third party websites or other services. You agree that BAR is not responsible or liable for any loss or damage caused as a result of your use of any third-party services linked to from any BAR platform.

Our privacy policy can be found here: CRESTVIEW.io - Privacy Policy (google.com)

If you believe BAR has infringed on your copyright, please notify BAR via the “Contact Us” section of these terms.

Governing Law

These terms of use and your use of our services are governed by the laws of Kansas.

Dispute Resolution

Corrections

BAR reserves the right to correct any errors, inaccuracies or omissions and to change or update our Services at any time, without prior notice.

If you identify content or a feature you believe should be considered for correction by BAR please notify BAR via the “Contact Us” section of these terms.

No Warranties

You agree that your use of the Crestview.io platform and Services is at your sole and exclusive risk and that any Services provided by BAR are on an "As Is" basis. BAR hereby expressly disclaims any and all express or implied warranties of any kind.

BAR makes no warranties that the Crestview.io platform or Services will meet your needs or that the BAR platform or that Services will be uninterrupted, error-free, or secure.

Client agrees that the BAR platform provides a mechanism to address a variety of risk topics and risk management frameworks. While BAR and its personnel may advise the Client to help determine which Risk Packs may be applicable to their company, industry, or circumstance, Client expressly agrees that the decision on which Risk Packs to use is their own and how they evaluate their risk against any Risk Pack is their responsibility.

Client agrees that any damage that may occur to You, through Your computer system, or as a result of loss of Your data from Your use of the Platform or Services is Your sole responsibility and that BAR is not liable for any such damage or loss.

Indemnification

Client agrees to indemnify and hold BAR and its subsidiaries, officers, agents, and employees harmless against any and all claims, demands, damages, liabilities and costs which directly or indirectly result from, or arise in connection with a cyber breach against the Client.

Client Data

Data entered into the Crestview.io platform by the Client and their Users is the property of the Client.

The client agrees to grant BAR a perpetual use of that data to provide services and enable features on the platform. Upon the termination of the Client’s use of the BRET platform, BAR will:

Provide a mechanism for Client to export final reports to PDF within a specified period of time as noted in SOW.
Remove any Client user and task list data after a specified period of time as noted in SOW.
Anonymize all other Client data after a specified period of time as noted in SOW.

Electronic Communications, Transactions and Signatures

Unless otherwise addressed in the SOW, electronic communications are permitted to both Parties under this Agreement, including e-mail or fax.

Changes

Our terms of use may change periodically. We will post any terms of use changes on this page. If the changes are significant, we will provide a more prominent notice (including, for certain services, email notification of terms of use changes). By using this Platform, you are agreeing to be bound by any such revisions to these Terms of Use.

BAR Management Solutions, LLC

P.O. Box 780251

Wichita, Kansas 67278

Phone: 816-668-8400

Email: brian@crestview.io