Industries

  • Information and Communications Technology
  • Software

Participation

EU-U.S. Privacy Shield Framework: Active

Original Certification Date: 1/11/2017
Next Certification Due Date: 4/10/2020
Data Collected: NON-HR

Purpose of Data Collection

ProductPlan collects, uses and discloses two types of information: Personal Information and Non-Personal Information. ?Personal Information? is information that is directly associated with a specific person or entity such as a user?s name, e-mail address, company name, and user-chosen ID and password. ?Non-Personal Information? is information that, without the aid of additional information, cannot be directly associated with a specific person or entity. ProductPlan analyzes Non-Personal Information gathered from Site users to help ProductPlan better understand how the Site is being used. By identifying patterns and trends in usage, ProductPlan is able to better design the Site to improve users? experiences, both in terms of content and ease of use. ProductPlan does not link information gathered using cookies and Web Beacons to Personal Information. Disclosure of Non-Personal Information We use cookie technology to: (i) collect information so that we can improve our Site by seeing which areas and features are most popular; (ii) personalize the Site and improve the Site experience; and (iii) allow you to visit the Site without re-entering your login credentials. While we use cookies to record current session information, we do not use permanent cookies. We may share Non-Personal Information about our users in the aggregate with third parties for various purposes, including to help us better understand and improve our Service, and for advertising and marketing purposes. Collection of Personal Information As defined above, Personal Information is information that can be directly associated with a specific person or entity. We collect a range of Personal Information from and about Site users. Much of this Personal Information is information provided by users themselves when they register with the Site and use the Site and Service. For example, when you register with the Site to use the Service, you may submit, your name, initials or nickname, and e-mail address. You may also create a user-chosen ID and password for your use when accessing the Service. In addition, we may collect and retain information that identifies you personally when you send us comments, questions or suggestions, or if you send to us job application, resumes, or other business contacts.

Privacy Policy

Non-HR Data

Document: Privacy Policy
Description:

Overview of Privacy Policy ProductPlan, LLC, a Delaware limited liability company (the “Company”, “we” or “us”), respects your privacy and is committed to protecting it through its compliance with this Privacy Policy (this “Policy”). This Policy explains how information is collected, used and disclosed by the Company with respect to the access and use of the Company’s websites, located at www.productplan.com and app.productplan.com (together, the “Website”) and the services that are available through the Website (the “Services”). This Policy does not apply to any third-party websites, services or applications that you may access through the Services. This Policy applies to information we collect: On the Website, including through your use of the Services. In e-mail, text and other electronic messages between you and the Company or the Website. When you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this Policy. This Policy does not apply to information collected by: The Company offline or through any other means, including on any other website operated by Company or any third party (including our affiliates and subsidiaries). Any third party (including our affiliates and subsidiaries), including through any application or content (including advertising) that may link to or be accessible from or on the Website. PLEASE READ THIS POLICY CAREFULLY TO UNDERSTAND OUR POLICIES AND PRACTICES REGARDING YOUR INFORMATION AND HOW WE WILL TREAT IT. IF YOU DO NOT AGREE WITH OUR POLICIES AND PRACTICES, YOUR CHOICE IS NOT TO USE THE WEBSITE OR THE SERVICES. BY ACCESSING OR USING THE WEBSITE OR THE SERVICES, YOU AGREE TO THIS POLICY. This Policy may change from time to time. Your continued use of the Website or the Services after we make changes to this Policy is deemed to be acceptance of those changes, so please check this Policy regularly for updates. Information We Collect About You and How We Collect It We collect several types of information from and about users of the Website and the Services, including information: By which you and your company may be personally identified, such as your name, your company’s name, address, e-mail address, telephone number or any other identifier by which you may be contacted online or offline (“Personal Information”); That is about you but individually does not identify you; and/or About your internet connection, the equipment you use to access the Website and usage details. We collect this information: Directly from you when you provide it to us. Automatically as you navigate through the Website. Information collected automatically may include usage details, IP addresses and information collected through cookies, web beacons and other tracking technologies. We do not knowingly collect personal information from children. If we learn that we have collected personal information of a child under 13 years old, we will take steps to delete such information from our files as soon as possible. Information You Provide to Us The information we collect on or through the Website may include: Information that you provide to us by filling in forms on the Website. This includes information provided at the time of registering to use the Website and the Services or requesting further services. We may also ask you for information when you report a problem with the Website or the Services. Records and copies of your correspondence (including e-mail addresses), if you contact us. Your responses to surveys that we might ask you to complete for research purposes. Details of transactions you carry out through the Website and our provision of the Services to you. Your search queries on the Website. Information We Collect Through Automatic Data Collection Technologies As you navigate through and interact with the Website and the Services, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions and patterns, including: Details of your visits to the Website, including traffic data, location data, logs and other communication data and the resources that you access and use on the Website or the Services. Information about your computer and internet connection, including your IP address, operating system and browser type. The technologies we use for this automatic data collection may include: Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of the Website. Unless you have adjusted your browser settings so that it will refuse cookies, our system may issue cookies when you direct your browser to the Website. Flash Cookies. Certain features of the Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from and on the Website. Flash cookies are not managed by the same browser settings as are used for browser cookies. Web Beacons. Pages of the Website and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an e-mail and for other related website statistics (for example, recording the popularity of certain Website content and verifying system and server integrity). We do not collect Personal Information automatically, but we may tie this information to Personal Information about you that we collect from other sources or you provide to us. This helps us to improve the Website and the Services and to deliver a better and more personalized service. How We Use Your Information We use information that we collect about you or that you provide to us, including any Personal Information: To present the Website and provide the Services to you. To provide you with information, products or services that you request from us. To fulfill any other purpose for which you provide it. To provide you with notices about your account, including expiration and renewal notices. To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection. To notify you about changes to the Website or the Services. To allow you to participate in interactive features on the Website or of the Services. In any other way we may describe when you provide the information. We may also use your information to contact you about our services that may be of interest to you. If you do not want us to use your information in this way, please unsubscribe or contact us. Disclosure of Your Information We may disclose aggregated information about our users without restriction. We may disclose Personal Information that we collect or you provide as described in this Policy: To our subsidiaries and affiliates. To contractors, service providers and other third parties we use to support our business. To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of the Company’s assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which Personal Information held by the Company about users of the Website or the Services is among the assets transferred. To fulfill the purpose for which you provide it. For any other purpose disclosed by us when you provide the information. With your consent. We may also disclose your Personal Information: To comply with any court order, law or legal process, including to respond to any government or regulatory request. To enforce or apply our Terms of Service and other agreements, including for billing and collection purposes. If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, our customers or others. Choices About How We Use and Disclose Your Information We strive to provide you with choices regarding the Personal Information you provide to us. We have created mechanisms to provide you with the following control over your information: Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe’s website. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly. Promotional Offers from the Company. If you do not wish to have your e-mail address or other contact information used by the Company to promote its products or services, you can unsubscribe or e-mail us at info@productplan.com a request to remove your e-mail address from our promotional list. This opt out does not apply to information provided to the Company as a result of a product purchase, warranty registration, product service experience or other transactions. Accessing and Correcting Your Information You can review and change your Personal Information by logging into the Website and visiting your account profile page. Data Security We have implemented measures that we believe are reasonable to secure your Personal Information from accidental loss and from unauthorized access, use, alteration and disclosure. The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of the Website or the Services, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your Personal Information, we cannot guarantee the security of your Personal Information transmitted to the Website. Any transmission of Personal Information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website. EU-U.S. Privacy Shield Policy We comply with the EU-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce (the “Privacy Shield Principles”) regarding the collection, use, and retention of personal information transferred from the European Union to the United States (the “EU Personal Data”). We have certified to the U.S. Department of Commerce that we adhere to the Privacy Shield Principles. For purposes of enforcing compliance with the Privacy Shield Principles, we are subject to the investigatory and enforcement authority of the U.S. Federal Trade Commission. If there is any conflict between the terms in our Privacy Policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov/. Personal Data Collection and Use This Privacy Policy describes the categories of Personal Information that we collect, which includes the EU Personal Data that we may receive in the U.S., as well as the purposes for which we use such EU Personal Data. Third-Party Agents or Service Providers We may transfer EU Personal Data to our third-party contractors, affiliated organizations or other service providers who perform functions on our behalf as described in this Privacy Policy. Where required by the Privacy Shield Principles, we enter into written agreements with those third-party contractors, affiliated organizations and other service providers requiring them to provide the same level of protection the Privacy Shield Principles require and limiting their use of the data to the specified services provided on our behalf. We take reasonable and appropriate steps to ensure that third-party contractors, affiliated organizations and other service providers process EU Personal Data in accordance with our obligations under the Privacy Shield Principles and to stop and remediate any unauthorized processing. Under certain circumstances, we may remain liable for the acts of our third-party contractors, affiliated organizations or other service providers who perform services on our behalf for their handling of EU Personal Data that we transfer to them. Disclosures for National Security or Law Enforcement Under certain circumstances, we may be required to disclose EU Personal Data in response to valid requests by public authorities, including to meet national security or law enforcement requirements. Access Rights You may have the right to access the EU Personal Data that we hold about you and to request that we correct, amend, or delete it if it is inaccurate or processed in violation of the Privacy Shield Principles. These access rights may not apply in some cases, including where providing access is unreasonably burdensome or expensive under the circumstances or where it would violate the rights of someone other than the individual requesting access. If you would like to request access to, correction, amendment, or deletion of your EU Personal Data, you can submit a written request to our contact provided below. We may request specific information from you to confirm your identity. In some circumstances we may charge a reasonable fee for access to your information. Questions or Complaints In compliance with the Privacy Shield Principles, we commit to resolving complaints about our collection or use of your personal information. EU individuals with inquiries or complaints regarding our Private Shield policy should first contact us at info@productplan.com. We have further committed to cooperate with EU data protection authorities (“DPAs”) with regard to unresolved Privacy Shield complaints. If you do not receive timely acknowledgment of your complaint from us, or if we have not addressed your complaint to your satisfaction within 45 days after our receipt of your complaint, you may contact the EU DPAs for more information or to file a complaint. The services of EU DPAs are provided at no cost to you. Binding Arbitration You may have the option to select binding arbitration for the resolution of your complaint under certain circumstances, provided you have taken the following steps: (a) raised your compliant directly with us and provided us the opportunity to resolve the issue, (b) made use of the independent dispute resolution mechanism identified above, and (c) raised the issue through the relevant data protection authority and allowed the U.S. Department of Commerce an opportunity to resolve the complaint at no cost to you. For more information on binding arbitration, see the U.S. Department of Commerce’s Privacy Shield Framework: Annex I (Binding Arbitration). Changes to this Policy It is our policy to post any changes we make to this Policy on this page. If we make material changes to how we treat our users’ Personal Information, we will notify you by e-mail to the primary e-mail address specified in your account or through a notice on the Website home page. The date this Policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable e-mail address for you, and for periodically visiting the Website and this Policy to check for any changes. Contact Information To ask questions or comment about this Policy and our privacy practices, contact us at info@productplan.com.

Effective Date: 5/18/2018
Description:

Welcome to ProductPlan! Every company has their terms, these are ours. Please read our terms carefully, and contact us if you have any questions. ProductPlan Website and Services ProductPlan, LLC, a Delaware limited liability company (the “Company”, “we” or “us”), through its “ProductPlan” product, provides an online collaboration tool that allows users to create and share product strategy initiatives and roadmaps (the “Services”). The Services are available exclusively through the Company’s websites, located at www.productplan.com and app.productplan.com (together, the “Website”). Acceptance of Terms of Service The following terms and conditions, together with any documents they expressly incorporate by reference (including, without limitation, our Privacy Policy (collectively, these “Terms of Service”), govern your use of the Website, the Services, and any other content made available on the Website or through the Services, each of which are provided to you subject to your compliance with these Terms of Service and any other rules, policies and procedures that may be published from time to time by the Company on the Website or otherwise made available to you. By using and/or accessing the Website or the Services, you agree to be bound by the terms and conditions of these Terms of Service, which constitute a binding legal agreement between you and the Company. PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE YOU USE THE WEBSITE OR THE SERVICES. IF YOU DO NOT WANT TO AGREE TO THESE TERMS OF SERVICE, YOU MUST NOT ACCESS OR USE THE WEBSITE OR THE SERVICES. Changes to the Terms of Service We may revise and update these Terms of Service from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website and the Services thereafter. Your continued use of the Website or the Services following the posting of revised Terms of Service means that you accept and agree to the changes. You are expected to check the Terms of Service regularly so you are aware of any changes, as they are binding on you. Accessing the Website and Account Security We reserve the right to withdraw or amend the Website and any Service or material we provide on the Website. We will not be liable if for any reason all or any part of the Website or the Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website or the Services, or the entire Website or Services, to users, including registered users. In the event that we plan to permanently terminate the Website or the Services, we will provide notice of the termination to you by email at least 90 days prior the effective date of the termination of the Website or the Services. You are responsible for: Making all arrangements necessary for you to have access to the Website. Ensuring that all persons who access the Website and the Services on your behalf are aware of these Terms of Service and comply with them. In order to use the Services you will need to register and create an account. By creating an account, you represent that (a) the information you provide is truthful and accurate; (b) you are of legal age to agree to these Terms of Service; and (c) your use of the Services and the Website does not violate any applicable law or regulation or these Terms of Service. You are responsible for maintaining the security of your account, and are fully responsible for all activities that occur under the account and any other actions taken in connection with your use of the Services or the Website. You must immediately notify the Company of any unauthorized use of your account or any other breach of security. The Company will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. You agree that all information you provide to register with the Website or otherwise is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. We have the right to disable your user name, password or other identifier at any time in our sole discretion if, in our opinion, you have violated any provision of these Terms of Service or have otherwise engaged in conduct that is offensive or detrimental to us, the Website, or the Services. By creating an account, you agree that we may send you periodic product updates and other communications, which are considered part of the Services and your account, which you may not be able to opt-out from receiving. Use Policies Acceptable Use You are responsible for your use of the Website and the Services and you agree that you will use the Website and the Services only in compliance with these Terms of Service and all applicable laws and regulations. Prohibited Use You agree not to use the Website or the Services: In any way that violates any applicable federal, state, local or international law or regulation. To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation. To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website or the Services, or which, as determined by us, may harm the Company or users of the Website or the Services, or expose them to liability. In any manner that could disable, overburden, damage, or impair the Website or the Services, or interfere with any other party’s use of the Website or the Services, including their ability to engage in real time activities through the Website. If you are a competitor of our business or the Services. Additionally, you agree not to: Use any robot, spider or other automatic device, process or means to access the Website or the Services for any purpose, including monitoring or copying any of the material on the Website. Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent. Use any device, software or routine that interferes with the proper working of the Website or the Services. Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful. Attempt to gain unauthorized access to, interfere with, damage or disrupt any part of the Website or the Services, the server on which the Website is stored, or any server, computer or database connected to the Website. Attack the Website via a denial-of-service attack or a distributed denial-of-service attack. Otherwise attempt to interfere with the proper working of the Website. We reserve the right to access, read, preserve, and disclose any information provided through the Website or in connection with the Services that we reasonably believe is necessary or desirable to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce these Terms of Service, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect the rights, property or safety of the Company, our users and the public. Content If you post information or materials to the Website through the Services, post links through the Services, or otherwise make (or allow any third party to make) any content, information or other materials available by means of the Services (collectively, “Content”), you are entirely responsible for that Content and any harm resulting from that Content. This is the case regardless of whether the Content in question constitutes text, graphics, an audio file, computer software, or any other medium. By providing or making Content available, you represent and warrant that: The distribution, display and use of the Content (through the Services) will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party; You have permission from the owner of the Content to display, post or make available the Content; You have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms; The Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content; The Content is not spam, is not machine or randomly generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing); The Content is not libelous or defamatory, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party; and You have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by the Company or otherwise. The Company reserves the right to remove any Content that you provide on or through the Website or the Services if, in our opinion, the Content violates any provision of these Terms of Service or is otherwise offensive or detrimental to us, the Website, or the Services. By submitting Content for inclusion on the Website or in connection with the Services, you grant the Company a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of providing the Services. If you delete Content, the Company will use reasonable efforts to remove it from the Website, but you acknowledge that caching, backups or references to the Content may not be made immediately unavailable. Enforcement Without limiting any other remedies, the Company has the right (though not the obligation) to, in its sole discretion, (a) refuse or remove any Content that, in the Company’s reasonable opinion, violates any Company policy or is in any way harmful or objectionable, or (b) terminate or deny access to and use of the Services to any individual or entity if, in our opinion, that individual or entity has violated any provision of these Terms of Service or has otherwise engaged in conduct that is offensive or detrimental to us, the Website, or the Services. Use of Your Information The Company may retain and use, subject to the terms of its Privacy Policy, information collected from your use of the Website or the Services. The Company will not share information associated with you or your account with any third parties unless the Company (a) has your permission; (b) concludes that it is required by law or has a good faith belief that access, preservation or disclosure of such information is reasonably necessary to protect the rights, property or safety of the Company, our users or the public; (c) concludes that it is necessary or desirable in connection with the Services, or (d) provides such information in anonymous or aggregated form provided that such information is not identifiable of you. Notwithstanding the above, (a) you agree that the Company may identify you (or your company and use your company’s logo) on the Website and in marketing materials to identify you or your company as a user of the Services, and you hereby grant the Company a non-exclusive, royalty-free license to do so on the Website or in any media now or later developed in connection with any marketing, promotion or advertising of the Website or the Services, and (b) if you provide suggestions, ideas, feedback, or recommendations to us regarding the Website or the Services (“Feedback”), we will be free to use, disclose, reproduce, license or otherwise distribute, and exploit such Feedback as we see fit, without any obligation or restriction of any kind to you. Fees and Payment We charge fees for the use of certain features or aspects of the Services, which are described with those features and services. These fees are subject to change at any time. You agree that we may charge your payment account and that you will pay the applicable fees assessed to your account for the Services you have purchased. You must cancel your subscription before your billing period renews to avoid the billing of the next period’s fees to your account. You will not receive a refund for any partial billing period cancellation. Some Services may start with a free trial. If you have (or someone in your company has) used those Services previously, you may not be eligible to receive a free trial. We will not charge your account during the free trial period. When the trial period ends, your account will revert to the free version of the Services, unless you enter into a paid subscription for the Services prior to the end of the trial period. Your Representations You represent and warrant that (a) you have the necessary power and authority to enter into these Terms of Service (if you are agreeing to these terms on behalf of your employer or other entity, you represent and warrant that you have full legal authority to bind your employer or such entity to these Terms of Service) and (b) your use of the Website and the Services will be in strict accordance with these Terms of Service, the Privacy Policy, and all applicable laws and regulations (including, without limitation, any local laws or regulations in your country regarding online conduct and acceptable content, and the transmission of personal data to the United States from the country in which you reside), and will not infringe, violate or misappropriate the rights of any person or third party. Termination You may terminate your account at any time by providing notice of termination to us. We reserve the right to terminate or suspend your account or your access to any or all portions of the Website or the Services at any time, if, in our opinion, you have violated any provision of these Terms of Service or have otherwise engaged in conduct that is offensive or detrimental to us, the Website, or the Services. Upon termination, all rights and licenses granted to you in these Terms of Service immediately end. If your account or access to the Website or the Services is terminated or suspended because you violated these Terms of Service, you will not be entitled to any refund of any fees nor will any fees be credited or reimbursed to you in any form and you will have no further right to access any of the foregoing or your account. Refund Policy If you cancel part way through a month, quarter, or year, you will retain account access until the end of the billing cycle. Once your subscription terminates, your account will move to a viewer account, and you will be able to access the data associated with your account but will not be able to use the data in connection with the Services. You will not be charged again and no refunds will be given for the remaining paid-up time. There will be no refunds or credits for partial periods of service or refunds for months unused, nor can we append “un-used time” to your account should you wish to reactivate in the future. Intellectual Property Rights The Website, the Services, and their entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. These Terms of Service permit you to use the Website and the Services only for your own personal or business use. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Website, except as follows: Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials. You may store files that are automatically cached by your web browser for display enhancement purposes. You may print or download copies of a reasonable number of pages of the Website or the Services for your own personal or business use and not for further reproduction, publication or distribution. You must not: Modify copies of any materials from the Website. Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text. Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Website. If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Service, your right to use the Website and the Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website or Services not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark and other laws. Trademarks The Company name, the term ProductPlan, the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. Changes to the Services or the Website The Services may change from time to time, or we may stop (permanently or temporarily) providing the Services (or any features therein) to you or to users generally. In the event that we plan to permanently stop providing the Services to you, we will notify you by email at least 90 days prior to the date that we will stop providing the Services. We may update the content on the Website or available through the Services from time to time, but the content is not necessarily complete or up-to-date. Any of the material on the Website or the Services may be out of date at any given time, and we are under no obligation to update such material. Information About You and Your Visits to the Website All information we collect on the Website is subject to our Privacy Policy. By using the Website or the Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. Links from the Website If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. Disclaimer of Warranties You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website or Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. Limitation on Liability IN NO EVENT WILL THE COMPANY, OR ITS AFFILIATES, SUPPLIERS OR LICENSORS, BE LIABLE WITH RESPECT TO ANY USE OF THE WEBSITE OR THE SERVICES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR: (A) ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES; (B) THE COST OF PROCUREMENT OR SUBSTITUTE PRODUCTS OR SERVICES; (C) INTERRUPTION OF USE OR LOSS OR CORRUPTION OF DATA; OR (D) ANY AMOUNTS THAT EXCEED THE FEES PAID BY YOU TO THE COMPANY FOR THE SERVICES DURING THE THREE (3) MONTH PERIOD PRIOR TO THE CAUSE OF ACTION. THE COMPANY SHALL HAVE NO LIABILITY FOR ANY FAILURE OR DELAY DUE TO MATTERS BEYOND ITS REASONABLE CONTROL. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. Indemnification You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Service or your use of the Website or the Services. Governing Law and Jurisdiction All matters relating to the Website, the Services, or these Terms of Service and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction). Any legal suit, action or proceeding arising out of, or related to, these Terms of Service, the Website or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of California in each case serving Santa Barbara County, California, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Service in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. Arbitration At the Company’s sole discretion, it may require you to submit any disputes arising from the use of these Terms of Service, the Website or the Services, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying California law. Limitation on Time to File Claims ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE, THE WEBSITE OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. Waiver and Severability No waiver of by the Company of any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect. Entire Agreement and Assignment These Terms of Service, our Privacy Policy, and any written Master Services Agreement (or similar agreement) executed by you and us constitute the sole and entire agreement between you and the Company with respect to the Website and the Services, and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website and the Services. You may not assign your rights under these Terms of Service without the Company’s prior written consent. These Terms of Service will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns. Your Comments and Concerns This website is operated by ProductPlan, LLC, a Delaware limited liability company, located 10 E. Yanonali St., Santa Barbara, California 93101. Please contact us with feedback, comments, requests for technical support, or any other communications relating to the Website. Last Modified: May 18, 2017

Effective Date: 1/1/2019
Description:

Terms of Service Welcome to ProductPlan! Every company has their terms, these are ours. Please read our terms carefully, and contact us if you have any questions. ProductPlan Website and Services ProductPlan, LLC, a Delaware limited liability company (the “Company”, “we” or “us”), through its “ProductPlan” product, provides an online collaboration tool that allows users to create and share product strategy initiatives and roadmaps (the “Services”). The Services are available exclusively through the Company’s websites, located at www.productplan.com and app.productplan.com (together, the “Website”). Acceptance of Terms of Service The following terms and conditions, together with any documents they expressly incorporate by reference (including, without limitation, our Privacy Policy (collectively, these “Terms of Service”), govern your use of the Website, the Services, and any other content made available on the Website or through the Services, each of which are provided to you subject to your compliance with these Terms of Service and any other rules, policies and procedures that may be published from time to time by the Company on the Website or otherwise made available to you. By using and/or accessing the Website or the Services, you agree to be bound by the terms and conditions of these Terms of Service, which constitute a binding legal agreement between you and the Company. PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE YOU USE THE WEBSITE OR THE SERVICES. IF YOU DO NOT WANT TO AGREE TO THESE TERMS OF SERVICE, YOU MUST NOT ACCESS OR USE THE WEBSITE OR THE SERVICES. Changes to the Terms of Service We may revise and update these Terms of Service from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website and the Services thereafter. Your continued use of the Website or the Services following the posting of revised Terms of Service means that you accept and agree to the changes. You are expected to check the Terms of Service regularly so you are aware of any changes, as they are binding on you. Accessing the Website and Account Security We reserve the right to withdraw or amend the Website and any Service or material we provide on the Website. We will not be liable if for any reason all or any part of the Website or the Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website or the Services, or the entire Website or Services, to users, including registered users. In the event that we plan to permanently terminate the Website or the Services, we will provide notice of the termination to you by email at least 90 days prior the effective date of the termination of the Website or the Services. You are responsible for: Making all arrangements necessary for you to have access to the Website. Ensuring that all persons who access the Website and the Services on your behalf are aware of these Terms of Service and comply with them. In order to use the Services you will need to register and create an account. By creating an account, you represent that (a) the information you provide is truthful and accurate; (b) you are of legal age to agree to these Terms of Service; and (c) your use of the Services and the Website does not violate any applicable law or regulation or these Terms of Service. You are responsible for maintaining the security of your account, and are fully responsible for all activities that occur under the account and any other actions taken in connection with your use of the Services or the Website. You must immediately notify the Company of any unauthorized use of your account or any other breach of security. The Company will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. You agree that all information you provide to register with the Website or otherwise is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. We have the right to disable your user name, password or other identifier at any time in our sole discretion if, in our opinion, you have violated any provision of these Terms of Service or have otherwise engaged in conduct that is offensive or detrimental to us, the Website, or the Services. By creating an account, you agree that we may send you periodic product updates and other communications, which are considered part of the Services and your account, which you may not be able to opt-out from receiving. Use Policies Acceptable Use You are responsible for your use of the Website and the Services and you agree that you will use the Website and the Services only in compliance with these Terms of Service and all applicable laws and regulations. Prohibited Use You agree not to use the Website or the Services: In any way that violates any applicable federal, state, local or international law or regulation. To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation. To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website or the Services, or which, as determined by us, may harm the Company or users of the Website or the Services, or expose them to liability. In any manner that could disable, overburden, damage, or impair the Website or the Services, or interfere with any other party’s use of the Website or the Services, including their ability to engage in real time activities through the Website. If you are a competitor of our business or the Services. Additionally, you agree not to: Use any robot, spider or other automatic device, process or means to access the Website or the Services for any purpose, including monitoring or copying any of the material on the Website. Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent. Use any device, software or routine that interferes with the proper working of the Website or the Services. Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful. Attempt to gain unauthorized access to, interfere with, damage or disrupt any part of the Website or the Services, the server on which the Website is stored, or any server, computer or database connected to the Website. Attack the Website via a denial-of-service attack or a distributed denial-of-service attack. Otherwise attempt to interfere with the proper working of the Website. We reserve the right to access, read, preserve, and disclose any information provided through the Website or in connection with the Services that we reasonably believe is necessary or desirable to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce these Terms of Service, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect the rights, property or safety of the Company, our users and the public. Content If you post information or materials to the Website through the Services, post links through the Services, or otherwise make (or allow any third party to make) any content, information or other materials available by means of the Services (collectively, “Content”), you are entirely responsible for that Content and any harm resulting from that Content. This is the case regardless of whether the Content in question constitutes text, graphics, an audio file, computer software, or any other medium. By providing or making Content available, you represent and warrant that: The distribution, display and use of the Content (through the Services) will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party; You have permission from the owner of the Content to display, post or make available the Content; You have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms; The Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content; The Content is not spam, is not machine or randomly generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing); The Content is not libelous or defamatory, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party; and You have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by the Company or otherwise. The Company reserves the right to remove any Content that you provide on or through the Website or the Services if, in our opinion, the Content violates any provision of these Terms of Service or is otherwise offensive or detrimental to us, the Website, or the Services. By submitting Content for inclusion on the Website or in connection with the Services, you grant the Company a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of providing the Services. If you delete Content, the Company will use reasonable efforts to remove it from the Website, but you acknowledge that caching, backups or references to the Content may not be made immediately unavailable. Enforcement Without limiting any other remedies, the Company has the right (though not the obligation) to, in its sole discretion, (a) refuse or remove any Content that, in the Company’s reasonable opinion, violates any Company policy or is in any way harmful or objectionable, or (b) terminate or deny access to and use of the Services to any individual or entity if, in our opinion, that individual or entity has violated any provision of these Terms of Service or has otherwise engaged in conduct that is offensive or detrimental to us, the Website, or the Services. Use of Your Information The Company may retain and use, subject to the terms of its Privacy Policy, information collected from your use of the Website or the Services. The Company will not share information associated with you or your account with any third parties unless the Company (a) has your permission; (b) concludes that it is required by law or has a good faith belief that access, preservation or disclosure of such information is reasonably necessary to protect the rights, property or safety of the Company, our users or the public; (c) concludes that it is necessary or desirable in connection with the Services, or (d) provides such information in anonymous or aggregated form provided that such information is not identifiable of you. Notwithstanding the above, (a) you agree that the Company may identify you (or your company and use your company’s logo) on the Website and in marketing materials to identify you or your company as a user of the Services, and you hereby grant the Company a non-exclusive, royalty-free license to do so on the Website or in any media now or later developed in connection with any marketing, promotion or advertising of the Website or the Services, and (b) if you provide suggestions, ideas, feedback, or recommendations to us regarding the Website or the Services (“Feedback”), we will be free to use, disclose, reproduce, license or otherwise distribute, and exploit such Feedback as we see fit, without any obligation or restriction of any kind to you. Fees and Payment We charge fees for the use of certain features or aspects of the Services, which are described with those features and services. These fees are subject to change at any time. You agree that we may charge your payment account and that you will pay the applicable fees assessed to your account for the Services you have purchased. You must cancel your subscription before your billing period renews to avoid the billing of the next period’s fees to your account. You will not receive a refund for any partial billing period cancellation. Some Services may start with a free trial. If you have (or someone in your company has) used those Services previously, you may not be eligible to receive a free trial. We will not charge your account during the free trial period. When the trial period ends, your account will revert to the free version of the Services, unless you enter into a paid subscription for the Services prior to the end of the trial period. Your Representations You represent and warrant that (a) you have the necessary power and authority to enter into these Terms of Service (if you are agreeing to these terms on behalf of your employer or other entity, you represent and warrant that you have full legal authority to bind your employer or such entity to these Terms of Service) and (b) your use of the Website and the Services will be in strict accordance with these Terms of Service, the Privacy Policy, and all applicable laws and regulations (including, without limitation, any local laws or regulations in your country regarding online conduct and acceptable content, and the transmission of personal data to the United States from the country in which you reside), and will not infringe, violate or misappropriate the rights of any person or third party. Termination You may terminate your account at any time by providing notice of termination to us. We reserve the right to terminate or suspend your account or your access to any or all portions of the Website or the Services at any time, if, in our opinion, you have violated any provision of these Terms of Service or have otherwise engaged in conduct that is offensive or detrimental to us, the Website, or the Services. Upon termination, all rights and licenses granted to you in these Terms of Service immediately end. If your account or access to the Website or the Services is terminated or suspended because you violated these Terms of Service, you will not be entitled to any refund of any fees nor will any fees be credited or reimbursed to you in any form and you will have no further right to access any of the foregoing or your account. Refund Policy If you cancel part way through a month, quarter, or year, you will retain account access until the end of the billing cycle. Once your subscription terminates, your account will move to a viewer account, and you will be able to access the data associated with your account but will not be able to use the data in connection with the Services. You will not be charged again and no refunds will be given for the remaining paid-up time. There will be no refunds or credits for partial periods of service or refunds for months unused, nor can we append “un-used time” to your account should you wish to reactivate in the future. Intellectual Property Rights The Website, the Services, and their entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. These Terms of Service permit you to use the Website and the Services only for your own personal or business use. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Website, except as follows: Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials. You may store files that are automatically cached by your web browser for display enhancement purposes. You may print or download copies of a reasonable number of pages of the Website or the Services for your own personal or business use and not for further reproduction, publication or distribution. You must not: Modify copies of any materials from the Website. Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text. Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Website. If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Service, your right to use the Website and the Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website or Services not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark and other laws. Trademarks The Company name, the term ProductPlan, the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. Changes to the Services or the Website The Services may change from time to time, or we may stop (permanently or temporarily) providing the Services (or any features therein) to you or to users generally. In the event that we plan to permanently stop providing the Services to you, we will notify you by email at least 90 days prior to the date that we will stop providing the Services. We may update the content on the Website or available through the Services from time to time, but the content is not necessarily complete or up-to-date. Any of the material on the Website or the Services may be out of date at any given time, and we are under no obligation to update such material. Information About You and Your Visits to the Website All information we collect on the Website is subject to our Privacy Policy. By using the Website or the Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. Links from the Website If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. Disclaimer of Warranties You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website or Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. Limitation on Liability IN NO EVENT WILL THE COMPANY, OR ITS AFFILIATES, SUPPLIERS OR LICENSORS, BE LIABLE WITH RESPECT TO ANY USE OF THE WEBSITE OR THE SERVICES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR: (A) ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES; (B) THE COST OF PROCUREMENT OR SUBSTITUTE PRODUCTS OR SERVICES; (C) INTERRUPTION OF USE OR LOSS OR CORRUPTION OF DATA; OR (D) ANY AMOUNTS THAT EXCEED THE FEES PAID BY YOU TO THE COMPANY FOR THE SERVICES DURING THE THREE (3) MONTH PERIOD PRIOR TO THE CAUSE OF ACTION. THE COMPANY SHALL HAVE NO LIABILITY FOR ANY FAILURE OR DELAY DUE TO MATTERS BEYOND ITS REASONABLE CONTROL. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. Indemnification You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Service or your use of the Website or the Services. Governing Law and Jurisdiction All matters relating to the Website, the Services, or these Terms of Service and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction). Any legal suit, action or proceeding arising out of, or related to, these Terms of Service, the Website or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of California in each case serving Santa Barbara County, California, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Service in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. Arbitration At the Company’s sole discretion, it may require you to submit any disputes arising from the use of these Terms of Service, the Website or the Services, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying California law. Limitation on Time to File Claims ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE, THE WEBSITE OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. Waiver and Severability No waiver of by the Company of any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect. Entire Agreement and Assignment These Terms of Service, our Privacy Policy, and any written Master Services Agreement (or similar agreement) executed by you and us constitute the sole and entire agreement between you and the Company with respect to the Website and the Services, and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website and the Services. You may not assign your rights under these Terms of Service without the Company’s prior written consent. These Terms of Service will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns. Your Comments and Concerns This website is operated by ProductPlan, LLC, a Delaware limited liability company, located 10 E. Yanonali St., Santa Barbara, California 93101. Please contact us with feedback, comments, requests for technical support, or any other communications relating to the Website.

Effective Date: 5/18/2017

Verification Method

Self-Assessment

Dispute Resolution

Questions or Complaints?

If you have a question or complaint regarding the covered data, please contact ProductPlan at:

Jim Semick
President
ProductPlan
10 E Yanonali
Santa Barbara, California 93101

Privacy Shield organizations must respond within 45 days of receiving a complaint.

If you have not received a timely or satisfactory response from ProductPlan to your question or complaint, please contact the independent recourse mechanism listed below


NON-HR RECOURSE MECHANISM



Appropriate statutory body with jurisdiction to investigate any claims against ProductPlan regarding possible unfair or deceptive practices and violations of laws or regulations covering privacy Federal Trade Commission