TouchBase®

Terms of Use

1. Introduction

Welcome to ProductDossier. The following are the terms and conditions for use of this ProductDossier service, which can be found at www.ProductDossier.com (the “Service” or “Site”). If you believe that any content or activity on the Site violates any of these Terms, please e-mail marketing@ProductDossier.com immediately. ProductDossier reserves the right to refuse service to anyone at any time without notice for any reason.

2. Definitions

i. A “User” is anyone who accesses, browses, crawls, scrapes, or in any way uses the Site. The terms “you” and “your” refer to you, as a User of the Site. The terms “we”, “us”, and “ProductDossier” refer to ProductDossier, Inc., a Delaware corporation. “Terms” or “Terms of Service” refer to the terms contained in this Agreement.

ii. “Content” means text, images, photos, audio, video, and all other forms of data or communication. “Your Content” means Content that you submit, post, or transmit to, or are using on, the Site, such as communications, workspace posts, reviews, compliments, information that you display as part of your account profile, invitations, or other data that you may submit, post, or transmit to, or are using on, the Site. Your Content does not include the information that you submit in order to create an account on the Site. “User Content” means Content that Users submit, post, or transmit to, or are using on, the Site. “ProductDossier Content” means Content that is created by ProductDossier and made available on the Site. “Third Party Content” means Content that is made available on the Site by parties other than ProductDossier or the Users, such as data providers that license data for use on the Site. “Site Content” means all of the Content that is made available on the Site, including Your Content, User Content, Third Party Content, and ProductDossier Content.

iii. “Public Content” means the information that you submit or post to the ProductDossier Sites for public display, such as information that you display as part of your public profile or any other social or public submission areas that ProductDossier might make optionally available for you in the future.

iv. “Private Content” means the “User Content” that you submit, post, or transmit to the non-public areas of the site, including but not limited to secure workspaces.

3. Acceptance

By using our Site in any way, you are agreeing to comply with and be bound by the following Terms and any related “Agreements” (which include, without limitation, the Privacy and Security Policy, and if applicable to you, the User Agreement, and all rules or policies posted on the Site). Please review the following Terms carefully. If you do not agree with the Terms or any of the related Agreements in their entirety, do not use the Service. You must be at least 18 years old to use this Service. You have the right to have a record of these Terms and any related Agreement you enter into with ProductDossier made available on paper form upon request for no additional fee. Simply e-mail marketing@ProductDossier.com with such a request.

4. Restrictions on Use

You agree that you will not:

i. use the Site to threaten, stalk, defraud, incite, harass, or advocate the harassment or defrauding of another person, or otherwise interfere with another User’s use of the Site;

ii. use the Site to transmit or post spam, chain letters, contests, junk email, pyramid schemes, surveys, or other mass messaging, whether commercial in nature or not;

iii. use the Site for promotional or commercial purposes, except as expressly permitted by ProductDossier;

iv. use the Site in a manner that may create a conflict of interest, such as soliciting shill reviews;

v. use the Site for keyword spamming or to otherwise attempt to manipulate search results;

vi. use the Site to promote bigotry or discrimination against protected classes;

vii. use the Site to violate any third-party right, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;

viii. use the Site to transmit or post pornography or illegal content;

ix. use the Site to solicit personal information from minors or to harm or threaten to cause harm to minors;

x. use the Site in violation of the Terms, any applicable law, or any sanctions laws.

xi. modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Site or Site Content (other than Your Content), except as expressly authorized by ProductDossier;

xii. reverse engineer any portion of the Site, except as may be permitted under the law;

xiii. remove or modify any copyright, trademark, or other proprietary rights notice on the Site or on any materials printed or copied off of the Site;

5. Feedback.

i. Dissatisfaction. If you are dissatisfied with the Site, please let us know by providing feedback to the customer support team through designated feedback areas of the Site or sending comments to marketing@ProductDossier.com. Your input is valuable to us.

ii. Suggestions and Improvements. By sending us any ideas, suggestions, documents, and/or proposals (“Feedback”), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, publish, distribute, and sublicense the Feedback.

6. Exclusion of Warranties

ProductDossier SERVICES AND RELATED DOCUMENTATION ARE PROVIDED “AS IS” AND WITHOUT ANY WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THIS SITE SHALL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE NOT EXPRESSLY STATED IN THESE TERMS.

7. Limitation of Liabilities

IN NO EVENT SHALL WE, OUR PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS OR LOSS OF BUSINESS) ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES, OR THIS AGREEMENT BASED ON ANY THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE INFORMATION ON THIS SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.

8. Indemnification

You agree to indemnify, defend, and hold ProductDossier, any and all parent, subsidiary, or affiliate organizations, officers, agents, and employees, harmless from any claim, demand, or damage, including reasonable attorneys’ fees, asserted by any third party that are in any way due to or arising out of your use of or conduct on the Site or Service. ProductDossier shall provide you reasonable notice of such claim.