The Slingshot Insights service, including the web site at www.SlingshotInsights.com (the "Site") and the mobile version thereof (collectively, the "Service"), are operated by Slingshot Insights, Inc. and affiliates (collectively, "us", "we", "Slingshot Insights", “Slingshot” or the "Company"). By accessing or using our the Service, you ("you" or the "User") signify that you have read, understand and agree to be bound by these Terms of Use ("Terms of Use"), whether or not you are a registered member of Slingshot Insights. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If we do this, we will post the changes to these Terms of Use on this page. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) the Service. It is your responsibility to regularly check the Service to determine if there have been changes to these Terms of Use and to review such changes.

BEFORE USING THE SITE, PLEASE READ THIS AGREEMENT CAREFULLY. BY SIGNING UP YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT, INCLUDING THE PROVISIONS OF SECTIONS 21 AND 22 UNDER WHICH YOU AGREE TO ARBITRATE CERTAIN CLAIMS INSTEAD OF GOING TO COURT AND AGREE NOT TO BRING CLASS ACTIONS CLAIMS. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN PLEASE DO NOT CLICK “JOIN,” IN WHICH CASE YOU WILL NOT BE ABLE TO USE THE SITE.

The SITE is not for persons under the age of 18. If you are under 18 years of age, then please do not use the Site. Talk to your parents about what sites are appropriate for you.

1. Privacy Policy. The Company’s Privacy Policy found at www.slingshotinsights.com/privacy_policy is hereby incorporated into this Agreement. Please read this notice carefully for details relating to the collection, use, and disclosure of your personal information through the Site.

2. Individual Features and Services. When using the Site, Users will be subject to any additional posted terms or rules applicable to specific materials, services, offers and features which may be available from time to time (the “Additional Terms”). All such Additional Terms are hereby incorporated by reference into this Agreement. Please note that additional and/or different conditions and terms of use may apply to media or services provided through one or more of our partners or business associates, and you should refer to those before using such services.

3. Membership and Project Fees.

   1. The Company offers Users access to the Site and all content and services thereon on a subscription basis. Users who are current on their bill with the Company are “Members.” Members pay a subscription fee consistent with the Site’s posted membership rates, as may be modified from time to time (“Membership Rates”), found at www.SlingshotInsights.com/pricing. If the Membership Rate for your subscription plan is increased, you will be given thirty (30) days prior notice of the change via e-mail sent to the e-mail address associated with your account. If you do not cancel your subscription within such time period, your subscription will continue at the increased rate.

   2. An “Expert” means an individual who is affiliated with an expert network or research firm or organization, or an individual otherwise selected by the Company or the Members purchasing a Project (the “Participating Members”). A “Project” means one, or any combination, of the following: live or recorded conversations with Experts (“Expert Calls”), surveys of Experts (“Surveys”) and any additional Expert content made available through the Site for extra charge. Each Project will have a stated cost (the “Project Budget”). The final Project Budget will not be set until the specific Expert is assigned to the Project. The project cost will be based on an individual’s membership plan and/or project participation in addition to a Slingshot administrative fee.

   3. The company may at times decide to provide credits to the user. Such credits have no cash value and may not be exchanged for cash. The price charged for access to a completed Project and the length of time that a completed Project will remain available for purchase by additional Members is determined by the Company in its sole discretion.

   4. The Company may at times decide to provide partial or full free access to the Site to users including but not limited to partners, press members, investor relations departments, and other like users. Eligibility for these user statuses shall be determined by the Company in its sole discretion and may be revoked or modified at any time in accordance with the Company’s policies.

   5. Members of the Press are eligible to register via the Press Page of the Site (www.slingshot insights.com/press). Access is subject to approval by the Company as compliance with the signature of the Press Agreement & Terms. Press membership status can be revoked at any time at the discretion of the Company.

   6. Projects may occasionally need to be rescheduled. In the event of a required rescheduling, each Participating Member will be notified by the Company via an e-mail sent to the e-mail address associated with such Participating Member’s account. For the avoidance of doubt, no refunds will be given for fees paid towards the Project Budget when a Project is rescheduled. Participating Members, including those who are unable to attend the Project live, will be able to play back the call recording on the Site within a reasonable time period after the end of the call. Projects will remain available on the Site for a minimum of one year, after which they will remain available at the discretion of the Company.

   7. All fees are non-refundable, provided that the Company may, in its sole discretion, provide partial or full reimbursements to individual Members for fees paid towards a Project Budget where the Member is dissatisfied with the Project. Such reimbursements shall be provided to Members in the form of credits that may be applied to future Project Budgets. Members will not be reimbursed with cash or cash equivalents.

   8. You agree to pay all fees incurred under your Member account, as well as any related taxes or other charges. You represent and warrant that you have all rights to use the payment method provided by you to the Company in connection with your Member account. By submitting payment instrument information to the Company, you hereby authorize the Company to use (or cause its third party payment processing services provider to use) that payment instrument to charge all fees you may incur in connection with the Site.

4. Project Proposal and Call Leadership. The Company may elect, in its sole discretion, whether to solicit any Expert identified in a proposed Project and (as between Members and the Company) has sole discretion in determining the terms and conditions of any involvement of such Expert in connection with any Project. An employee or representative of the Company will be present to administer the execution of Slingshot calls (the “Company Representative”). A single, pre-identified individual (the “Call Leader”) will ask questions of the Expert during any individual Project Call, in accordance with the terms of this Agreement. Participating Members may volunteer as Call Leader via the Site. The Company may select, at its sole discretion, the Call Leader for any given Project Call. If you are selected as a Call Leader, you hereby consent to having your voice recorded and transcribed for the purposes of the call and to having such recordings owned and distributed by the Company. The Company reserves the right to remove or replace any Call Leader during any Project Call. Participating Members may be reimbursed for unsatisfactory calls consistent with the terms of Section 3.3. Participating Members other than the Call Leader will not be able to speak on Projects.

5. Question Submission and Ordering for Project Calls. In advance of Expert Calls, Participating Members may submit questions they wish to have posed to Experts, along with an optional explanation of the purpose behind their proposed question(s). All Participating Members may rank individual, with each Participating Member entitled to one vote per question. Call Leaders will ask submitted questions in an order generally reflective of the votes of Participating Members (with questions with the highest votes being asked first), with discretion reserved to the Call Leader to ask follow-up questions as appropriate. The number of questions asked will vary between Expert Calls. If the Budget for a given call expires, remaining questions will not be asked. The Company offers no guarantee than any particular question will be asked or answered and Participating Members are not entitled to have a question they have submitted asked.

6. Disclaimers.

   1. The Site provides access to information, not investment advice. The contents of this Site, including any and all information provided regarding individual securities or industries, do not constitute financial, legal, or tax advice. You are solely responsible for conducting any legal, accounting or due diligence review relating to any investment you may elect to make. You should obtain financial, legal and tax advice from your qualified and licensed advisers before deciding to invest in any security. You acknowledge that investing in publicly- or privately-traded securities is inherently risky, and that you may lose any investment you may make in its entirety. The information and services provided on the Site are not provided to, and may not be used by, any person or entity in any jurisdiction where the provision or use thereof would be contrary to applicable laws, rules or regulations of any governmental authority or where the Company is not authorized to provide such information or services. Users further agree not to engage in any Prohibited Uses, as described in Section 9 of this Agreement.

   2. The Company provides a good faith effort during expert selection. We do not assume the responsibility to investigate or otherwise verify the credentials, experience or qualifications of any Expert in entirety. The statements and opinions provided by Experts on the Site are those of the applicable Expert only, and are not made or endorsed by the Company.

7. Ownership; Proprietary Rights.

   1. As between User and the Company, all information, data and materials provided by Experts, including but not limited to analyses, research results, survey results, projections, predictions, estimations, characterizations and methodologies (collectively, “Expert Analysis”), is the property of the Company or its subsidiaries or affiliated companies and/or third-party licensors.

   2. The Site is owned and operated by the Company. The content, visual interfaces, information, graphics, design, compilation, computer code, products, software, services, and all other elements of the Site that are provided by Company (“Company Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Company Materials contained on the Site are the property of Company or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to Company or its affiliates and/or third-party licensors. Except as expressly authorized by Company in writing, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Company Materials.

8. Member-posted Content and Monitoring. Members may post information through the Site including but not limited to Catalyst, Strategic Initiatives, and Blog Comments. The terms of posting may be based on a user’s individual membership plan. The Company does not control any content posted by Members and does not have any obligation to monitor such content for any purpose. Members acknowledge that they are solely responsible for all content and material that they post on the Site. If at any time, the Company chooses, in its sole discretion, to monitor the content, the Company nonetheless assumes no responsibility for the content, no obligation to modify or remove any inappropriate content, and no responsibility for the conduct of the Member submitting any such content. The Company reserves the right to remove any content from the Site at any time, with or without cause.

9. Prohibited Uses.

   1. Expert Analysis is made available to Members for informational purposes only and Members agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use or disclosure of Expert Analysis or any recordings, transcripts, notes or other materials reflecting, disclosing or constituting Expert Analysis.

   2. The User agrees to comply with its obligations under applicable federal securities laws. The User acknowledges that he or she is aware that the U.S. securities laws restrict the purchase and sale of securities (including entering into hedge transactions involving such securities) by persons who possess material non-public information relating to the issuer of such securities, and also the communication of such information to any other person under circumstances in which it is reasonably foreseeable that such person is likely to purchase or sell such securities. Without limiting the generality of the foregoing or any other requirements set forth herein, the Member agrees that he or she will not directly or indirectly (1) attempt to solicit material non-public information from experts or other Users, (2) post or in any other way share or cause to be shared or made public through use of the Site any material non-public information or (3) use or permit any third party to use material non-public information in contravention of the U.S. securities laws.

   3. As a condition of your use of the Site, you will not use the Site for any purpose that is unlawful or prohibited by this Agreement. Access to the Company Materials and the Site from territories where their contents are illegal is strictly prohibited. Users are responsible for complying with all local rules, laws, and regulations including, without limitation, rules about intellectual property rights, the Internet, technology, data, email, or privacy.

   4. Users may not use the Site in any manner that in our sole discretion could damage, disable, overburden, or impair it or interfere with any other party’s use of the Site. You may not intentionally interfere with or damage the operation of the Site or any User’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code. You may not remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of any content accessible through the Site, or features that enforce limitations on the use of the Site. You may not attempt to gain unauthorized access to the Site, or any part of it, other accounts, computer systems or networks connected to the Site, or any part of it, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site. You agree neither to modify the Site in any manner or form, nor to use modified versions of the Site, including (without limitation) for the purpose of obtaining unauthorized access to the Site.

   5. The Site may contain robot exclusion headers. You agree that you will not use any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.

   6. Users may not utilize framing techniques to enclose any trademark, logo, or other Company Materials without our express written consent. You may not use any meta tags or any other “hidden text” utilizing the Company’s name or trademarks without our express written consent.

   7. You may not deep-link to the Site and will promptly remove any links that the Company finds objectionable in its sole discretion. You may not use any Company logos, graphics, or trademarks as part of the link without the Company’s express written consent.

10. Notification in Case of Government Inquiry. You acknowledge and agree that, except to the extent you are prevented from doing so by an applicable law, rule or regulation, you will: (i) promptly notify the Company in writing in the event you receive any inquiry or request from any United States, international or foreign government agent or agency relating in any way to the Site or any Expert Analysis, and that you will provide the Company with all information requested by the Company in connection therewith; and (ii) work with the Company in good faith to respond as to such matters relating to the Site or any Expert Analysis.

11. Account Information. You agree that the information you provide to the Company upon registration will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times.

12. Password. When you register you will be asked to provide a password. As you will be responsible for all activities that occur under your password, you should keep your password confidential. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your account ID or password), you will immediately notify the Company. You may be liable for the losses incurred by the Company or others due to any unauthorized use of your account.

13. User Communications. Under this Agreement, you consent to receive communications from the Company electronically. We will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

14. User Service; Feedback. Please email us at help@slingshotinsights.com for further assistance.

15. Availability of Service. The Company may make changes to or discontinue any of the media, information, data, products, or services available within the Site at any time, and without notice. The media, information, data, products, or services on the Site may be out of date, and the Company makes no commitment to update these materials on the Site.

16. Notice. Except as explicitly stated otherwise, legal notices shall be served on the Company’s Delaware registered agent or to the email address you provide to the Company during the registration process. Notices to the Company shall be deemed given when received by the Company. Notices to Members shall be deemed given 24 hours after email is sent.

17. Violations; Termination. You agree that the Company, in its sole discretion and for any or no reason, may terminate any account (or any part thereof) you may have at the Site or your use of the Site, and remove and discard all or any part of your account, at any time. The Company may also in its sole discretion and at any time discontinue providing access to the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site or any account you may have or portion thereof may be effected without prior notice, and you agree that the Company shall not be liable to you or any third-party for any such termination. Upon termination for reasons other than a breach of this Agreement, the Company may, in its sole discretion, provide prorated refunds to terminated former Members. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Site may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies the Company may have at law or in equity.

18. Disclaimers; No Warranties. THE SITE AND ANY THIRD-PARTY, MEDIA, SOFTWARE, SERVICES, INFORMATION OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANY AND ITS SUPPLIERS AND PARTNERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.

    THE COMPANY, AND ITS SUPPLIERS AND PARTNERS, DO NOT WARRANT THAT THE FEATURES CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

    THE COMPANY, AND ITS SUPPLIERS AND PARTNERS, DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE IN TERMS OF IT CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD, OR OTHERWISE OBTAIN MEDIA, MATERIAL, OR OTHER DATA THROUGH THE USE OF THE SITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH MATERIAL OR DATA.

    CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

19. Indemnification; Hold Harmless. You agree to indemnify and hold the Company, and its affiliated companies, and its suppliers and partners, harmless from any claims, losses, damages, liabilities, including attorney’s fees, arising out of your use or misuse of the Site, violation of this Agreement or violation of the rights of any other person or entity. The Company reserves the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims.

20. Limitation of Liability and Damages. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE COMPANY OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS, BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT RELATE TO YOUR USE OR THE INABILITY TO USE THE COMPANY MATERIALS OR EXPERT ANALYSIS ON THE SITE, THE SITE ITSELF, OR ANY OTHER INTERACTIONS WITH THE COMPANY, EVEN IF THE COMPANY OR A COMPANY-AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, THE COMPANY’S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

    IN NO EVENT SHALL THE COMPANY’S OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE FOR SERVICES PROVIDED TO YOU IN THE PAST TWELVE MONTHS (WHETHER IN CONTRACT, TORT, WARRANTY, OR OTHERWISE) EXCEED ONE THOUSAND DOLLARS. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO THE COMPANY FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM THE COMPANY, REGARDLESS OF THE CAUSE OF ACTION.

21. Arbitration. Any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought by either party is less than $10,000 shall be resolved via binding non-appearance-based arbitration initiated through the American Arbitration Association (“AAA”). The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. In any such arbitration, the parties and AAA must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; (c) the arbitrator may award injunctive or declaratory relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim; and (d) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Agreement shall prevent either party from seeking remedies in small claims court of competent jurisdiction.

22. Class Action Waiver. YOU AGREE THAT ANY CLAIMS SUBJECT TO ARBITRATION UNDER SECTION 21 MUST BE MADE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

23. Claims. YOU AND THE COMPANY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

24. Miscellaneous.

    1. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law.

    2. Jurisdiction. You agree that any action at law or in equity arising out of or relating to this Agreement or the Site that is not subject to mandatory arbitration as set forth above in Section 22 shall be filed only in the state or federal courts in and for the State of New York and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

    3. Waiver. A provision of this Agreement may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of this Agreement shall in no manner affect such party’s right at a later time to enforce the same. A waiver of any breach of any provision of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions of this Agreement.

    4. Independent Contractors. The relationship of the parties under this Agreement is that of independent contractors. Neither party will be deemed to be an employee, agent, partner or legal representative of the other for any purpose and neither will have any right, power or authority to create any obligation or responsibility on behalf of the other.

    5. Severability. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.

    6. Assignment. This Agreement and related Additional Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the Company without restriction.

    7. Survival. The effectiveness of these Terms & Conditions shall survive any termination or expiration of these Terms & Conditions.

    8. Headings. The heading references herein are for convenience purposes only, do not constitute a part of this Agreement, and shall not be deemed to limit or affect any of the provisions hereof.

    9. Entire Agreement. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties, or by a change to this Agreement or Additional Terms made by the Company as set forth above.

    10. Disclosures. The Site is operated by Slingshot Insights Inc.

Date of last revision: July 28, 2016