Saleschase.com Corporation

ACCEPTANCE OF TERMS AND CONDITIONS

Welcome to Saleschase.com!

By using http://www.Saleschase.com (hereinafter, "Site"), You (hereinafter, "You") agree to the terms and conditions that Saleschase.com Corporation (hereinafter, "Saleschase.com") have provided. If You do not wish to agree to the outlined terms and conditions as set forth herein (the "Terms of Service" or "Agreement"), use of the Site is not authorized and please do not use the Site. Saleschase.com reserves the right to make any changes to our Terms of Service and/or our Privacy Policy as we deem necessary or desirable without notice to the You. If Saleschase.com makes changes to the Terms of Service and Privacy Policy and You continue to use our Site, You implied agreement to the revised Terms of Service and Privacy Policy is expressed herein.

I. TERMS OF SERVICE

1. Definitions.

“Saleschase.com Applications” means the data analytics and reporting applications supplied by Saleschase.com for access by You for use in conjunction with the Subscription Services, including any optional modules, custom or standard enhancements developed by Saleschase.com, updates and upgrades.

“Services” mean hosted data integration, aggregation, extraction, analytics and reporting capabilities including all of Saleschase.com’s proprietary technology (including software, hardware, products, processes, algorithms, user interfaces, know-how, techniques, designs and other tangible or intangible technical material or information) made available to You by Saleschase.com in providing the Services and any audio and visual information, documents, software, products and services contained or made available to you in the course of using the Services.

"Subscription Services" means the online, cloud-based Saleschase.com Applications provided by Saleschase.com via the URL www.saleschase.com and/or other designated websites, that are ordered by You as part of any trial or under an Order Form.

“Free Service” means a temporary trial basis (“Trial Services”) or similar program, in either case on a functionally–limited and no-cost basis.

"Order Form" means the form evidencing the initial subscription for the Services and any subsequent order forms submitted online specifying, among other things, the service offering selected, the number of additional licenses, if any, and other services contracted for, the applicable fees, the billing period, and other charges as agreed to between the parties, each such Order Form to be incorporated into and to become a part of this Agreement (in the event of any conflict between the terms of this Agreement and the terms of any such Order Form, the terms of this Agreement shall prevail).

"Effective Date" means the date this Agreement is accepted by selecting the "I Accept" option presented on the screen after this Agreement is displayed.

"Authorized User" means You and anyone You authorized to use the Services when You supply user identifications to Saleschase.com.

2. General.

This Agreement sets forth the terms and conditions that apply to the use of this Site by the You. By using this Site the You agree to comply with all of the terms and conditions hereof. You shall be responsible for protecting the confidentiality of Your username and/or password(s). You acknowledges that, although the Internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of Saleschase.com. You agree to hold harmless Saleschase.com for any data lost while transmitting information on the Internet. Saleschase.com has the right to make the Site unavailable at any time for any reason. You understand and acknowledge that due to circumstances both within and outside of the control of Saleschase.com, access to the Site may be interrupted, suspended or terminated.

You represent that You are at least 18 years old and has the legal capacity to form a binding contract and purchase services or goods at the Site.

Saleschase.com shall have the right at any time to change or discontinue any aspect or feature of Saleschase.com, including, but not limited to, content, hours of availability and equipment needed for access or use.

3. Modified Terms.

Saleschase.com reserves the right at all times to discontinue or modify any of our Terms of Service and/or our Privacy Policy as we deem necessary or desirable without prior notification to You. Any such deletions or modifications shall be effective immediately upon Saleschase.com's posting thereof. Any use of the Site by You after such notice shall be deemed to constitute acceptance by You of such modifications.

4. Equipment.

Saleschase.com shall not be liable for any damages to the Your equipment resulting from the use of this Site.

5. Your Conduct.

You shall not post or transmit through this Site any material which violates or infringes in any way upon the rights of others, or any material which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without Saleschase.com's prior written approval, contains advertising or any solicitation with respect to products or services. Any conduct by You that in Saleschase.com's exclusive discretion restricts or inhibits any other business end-users from using or enjoying this Site is strictly prohibited. You shall not use this Site to advertise or perform any commercial, religious, political or non-commercial solicitation, including, but not limited to, the solicitation of users of this Site to become users of other on- or offline services directly or indirectly competitive or potentially competitive with Saleschase.com.

You shall: (i) use the Services in compliance with all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Services, including those related to data privacy, international communications, export laws and the transmission of technical or personal data laws. You shall not when using the Services (i) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (ii) interfere with or disrupt the integrity or performance of the Services or the data contained therein; or (iii) attempt to gain unauthorized access to the Services or its related systems or networks.

The foregoing provisions of this Section 5 apply equally to and are for the benefit of Saleschase.com, its subsidiaries, affiliates and its third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.

6. Copyright and Trademarks.

Everything located on the Site is the exclusive property of Saleschase.com or used with express permission of the copyright and/or trademark owner. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THIS SITE OR ANY OF THE MICROSITES WITHOUT THE EXPRESS WRITTEN PERMISSION OF SALESCHASE.COM IS STRICTLY PROHIBITED.

Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject You to civil liabilities and / or criminal penalties.

You shall not upload, post or otherwise make available on this Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. Saleschase.com does not have any express burden or responsibility to provide You with indications, markings or anything else that may aid You in determining whether the material in question is copyrighted or trademarked. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of this Site, You warrant that the owner of such material has expressly granted Saleschase.com the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You hereby grant Saleschase.com the rights to edit, copy, publish and distribute any material made available on this Site by You.

The foregoing provisions of Section 6 apply equally to and are for the benefit of Saleschase.com, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.

7. Disclaimer of Warranty; Limitation of Liability.

YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOURS SOLE RISK. NEITHER SALESCHASE.COM, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE, OR (II) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THIS SITE.

THIS SITE IS MADE ACCESSIBLE ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.

THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGES THAT SALESCHASE.COM IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

IN NO EVENT SHALL SALESCHASE.COM, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THIS SITE OR THE CONTENTS HEREOF, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SITE. YOU HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THIS SITE.

IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER SALESCHASE.COM, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THIS SITE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE YOU, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING WITHOUT LIMITATION LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.

SALESCHASE.COM IS NOT RESPONSIBLE FOR ANY CONTENT THAT A YOU OR AN UNAUTHORIZED USER MAY POST ON THIS SITE. ANY CONTENT THAT IS POSTED OR UPLOADED THAT IS OR MAY BE DEEMED UNSUITABLE CAN AND MAY BE TAKEN DOWN BY SALESCHASE.COM. MOREOVER, SALESCHASE.COM RESERVES THE RIGHT TO EDIT, CHANGE, ALTER, DELETE AND PROHIBIT ANY AND ALL CONTENT THAT IT, SALESCHASE.COM, DEEMS UNSUITABLE.

8. Monitoring.

Saleschase.com shall have the right, but not the obligation, to monitor the content of the Site at all times, including any chat rooms and forums that may hereinafter be included as part of the Site, to determine compliance with this Agreement and any operating rules established by Saleschase.com, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, Saleschase.com shall have the right to remove any material that Saleschase.com, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

9. Privacy.

You acknowledges that all discussion for ratings, comments, bulletin board service, chat rooms and/or other message or communication facilities (collectively "Communities") are public and not private communications, and that, therefore, others may read Your communications without Your knowledge. Saleschase.com does not control or endorse the content, messages or information found in any Community, and, therefore, Saleschase.com specifically disclaims any liability concerning the Communities and any actions resulting from Your participation in any Community, including any objectionable content. Generally, any communication that You post to Saleschase.com (whether in chat rooms, discussion groups, message boards or otherwise) is considered to be non-confidential. If particular web pages permit the submission of communications that will be treated by Saleschase.com as confidential, that fact will be stated on those pages. By posting comments, messages or other information on the Site, You grant Saleschase.com the right to use such comments, messages or information for promotions, advertising, market research or any other lawful purpose. For more information see Saleschase.com's Privacy Policy.

10. License Grant.

By posting communications on or through this Site, You shall be deemed to have granted to Saleschase.com a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees.

11. Indemnification.

You agree to defend, indemnify and hold harmless Saleschase.com, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of this Site by You.

12. Termination.

This Agreement commences on the Effective Date and shall continue to the period of time for which You subscribed to the Services, unless earlier terminated or extended pursuant hereto. If You choose to subscribe to our Services on an ongoing basis, these terms and conditions will renew automatically for successive periods of time equal to the duration of Your initial subscription or for such renewal period as You may otherwise provide on the Site pages in which You subscribe to the Services, unless (1) for an annual subscription or other subscription term or renewal term longer than one month, either You or Saleschase.com provides notice of termination more than thirty (30) days before the end of the then-applicable subscription term; or (2) for all other subscriptions, You or Saleschase.com provides notice of termination before the end of the then-applicable subscription term. Either party may terminate a subscription Agreement for breach upon thirty (30) days prior written or e-mailed notice unless such breach is cured in that thirty (30) day period.

Saleschase.com may terminate this Agreement at any time and for any reason. Without limiting the foregoing, Saleschase.com shall have the right to immediately terminate any passwords or accounts of You in the event of any conduct by You which Saleschase.com, in its sole discretion, considers to be unacceptable, or in the event of any breach by You of this Agreement. In addition, Saleschase.com may terminate a free account at any time in its sole discretion. The provisions of Sections 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14 and 15 will survive termination of this Agreement.

13. Third Party Content, Product and Services.

Saleschase.com may display content, products and services (“Third Party Offerings”) supplied by third parties and You. Any opinions, advice, statements, services, products, offers, or other information or content expressed or made available by third parties, including information providers or any other business end-users are those of the respective author(s) or distributor(s) and not of Saleschase.com. Neither Saleschase.com nor any third party provider of information guarantees the accuracy, completeness, or usefulness of any Third Party Offerings, nor its merchantability or fitness for any particular purpose. (Refer to Section 7 above for the complete provisions governing limitation of liabilities and disclaimers of warranty.)

In many instances, the Third Party Offerings available through this Site represents the opinions and judgments of the respective information provider, You, or other user not under contract with Saleschase.com. Saleschase.com neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, data or statement made on Saleschase.com by anyone other than authorized Saleschase.com employee spokespersons while acting in official capacities. Under no circumstances will Saleschase.com be liable for any loss or damage caused by Your reliance on information obtained through Saleschase.com. It is the responsibility of You to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other Third Party Offerings available through Saleschase.com.

Saleschase.com's Site contains links to third party Websites maintained by other providers. These links are provided solely as a convenience to You and not as an endorsement by Saleschase.com of the contents on such third party sites and Saleschase.com hereby expressly disclaims any representations regarding the content or accuracy of materials on such third party Websites. If You decide to access linked third party Websites, You do so at Your own risk. Unless You have executed a written agreement with Saleschase.com expressly permitting You to do so, You may not provide a hyperlink to the Site from any other Website. Saleschase.com reserves the right to revoke its consent to any link at any time in its sole discretion.

14. Export Control.

You acknowledge and agree that the Services shall not be used, and none of the underlying information, software, or technology may be transferred or otherwise exported or re-exported to countries as to which the United States maintains an embargo, or to or by a national or resident thereof, or any person or entity on the U.S. Department of Treasury's List of Specially Designated Nationals or the U.S. Department of Commerce's Table of Denial Orders. By using the Services, You represent and warrant that You are not located in, under the control of, or a national or resident of an embargoed country or designated national. You agree to comply strictly with all U.S. export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required. This Site may use encryption technology that is subject to licensing requirements under the U.S. Export Administration Regulations, 15 C.F.R. Parts 730-774. Saleschase.com makes no representation that the Services is appropriate or available for use in other locations. If you use the Services from outside the United States of America You are solely responsible for compliance with all applicable laws, including without limitation export and import regulations of other countries. Any diversion of the Services contrary to United States law is prohibited.

15. Publicity.

Saleschase.com may reference Your name, logo and the nature of the Services provided hereunder in Saleschase.com business development and online and/or printed marketing materials, including without limitation its web site.

16. Miscellaneous.

This Agreement and any operating rules for the Site established by Saleschase.com constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall be of no legal force or effect. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement and the remaining portions of this Agreement shall continue in full force and effect. The failure of either party to exercise any of its rights under this Agreement shall not be deemed a waiver or forfeiture of such rights or any other rights provided hereunder.

Saleschase.com's headquarters are in San Bruno, California. Legal issues arising out of, but not exclusive to the use of, this Site are governed by and in accordance with the laws of the State of California (exclusive of its rules regarding conflicts of laws). By using this Site, You agree that any dispute or claim arising out of or in connection with this Agreement or the performance, breach or termination thereof, or the Site, shall be finally settled by arbitration in the County of San Mateo, California under the rules of arbitration of the American Arbitration Association.

II. SERVICES AND SUBSCRIPTIONS

1. Subscription Services.

Saleschase.com makes available certain services and features via this Site (each a “Service” and collectively, “Services”). Depending on the Service, such Service may be (1) publicly accessible without any purchase of the Service required; (2) accessible only to those who have purchased the Service; or (3) accessible to only those who have subscribed to that Service for a fee. Saleschase.com will make any purchased Subscription Services available to You pursuant to these Terms of Service and the relevant Order Forms during a Subscription Term. You agree that Your purchases under these Terms of Service and each Order Form are neither contingent on the delivery of any future functionality or features nor dependent on any oral or written public comments made by Saleschase.com regarding future functionality or features. Your use of the Subscription Services includes the right to access all functionality available in the purchased subscriptions for the specific Saleschase.com Applications included with the Subscription Services as of the date of the Order Form. Subsequent enhancements to the Subscription Services made generally-available to all subscribing customers will be made available to You at no additional charge. However, the availability of new Saleschase.com Applications, or enhancements to the Subscriptions may require the payment of additional fees, and Saleschase.com will determine at its sole discretion whether access to any other such new Saleschase.com Applications or enhancements will require an additional fee. Unless otherwise set forth in an Order Form, these Terms of Service will apply to any updates, upgrades and new modules or offerings subsequently provided by Saleschase.com to You as part of any purchased Subscription Services.

2. Free Services.

User’s access to Free Services will commence on the date made available to You by Saleschase.com and continue until (a) the then-current Trial Services period offered by Saleschase.com, as posted on its website, unless otherwise extended by Saleschase.com in its discretion, or (b) the start date of any paid Services ordered by You, (c) the date on which Saleschase.com elects in its sole discretion to terminate Your access to Free Services. You acknowledge and agree that if You exceed the eligibility requirements for Free Services (for example, enhanced or premium functionality), You may be required to pay fees for such excess usage as a condition to retaining Your eligibility to receive Free Services. Additional trial terms and conditions may appear on the registration web page for the Free Services. Any such additional terms and conditions are incorporated into these Terms of Service by reference and are legally binding and will govern in the event of a conflict with these Terms of Service.

3. Rights to Use Services and Restrictions.

Subject to the terms and conditions of this Agreement, Saleschase.com grants to You a non-exclusive, non-transferable, right to use the Services up the maximum number of Authorize Users permitted on the Order Form including any enhanced functionality or additional services and selected on the Order Form (collectively referred to as “Selected Services”) as you may update from time to time by executing a new Order Form. All rights not expressly granted to You are reserved by Saleschase.com. You acknowledge that Saleschase.com’s provision of the Services is dependent in part on each Authorized User's compliance with the terms of this Agreement.

You shall not directly or indirectly, (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit the Services in any way; (ii) reverse engineer, decomplile, disassemble or otherwise attempt to discover the source code, object code, or any software, documentation or data related to the Services, (iii) modify or make derivative works based upon the Services; (iv) copy or create Internet "links" to the Services or "frame" or "mirror" any of the Services; or (v) access the Services in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Services, or (c) copy any ideas, features, functions or graphics of the Services.

4. Provisioning of Saleschase.com Applications.

Saleschase.com will host relevant Saleschase.com Applications and may update the functionality and user interface of the Subscription Services from time to time in its sole discretion as part of its ongoing mission to improve the Subscription Services and Yours use of the Subscription Services. Certain Saleschase.com Applications or portions of the Subscription Services may be subject to other limitations, such as, for example, limits on computing capacity or usage. Any such limitations will be specified in the Order Form.

III. FEES AND PAYMENT TERMS

1. Charges and Fees.

You shall pay all fees or charges to Your account with Saleschase.com in accordance with the fees, charges, and billing terms in effect at the time You subscribe to the Services. You are responsible for keeping your billing and other account information up to date. You must pay when due the fees for the Services stated in the Order Form or other agreement between us. Payments must be made monthly in advance unless otherwise mutually agreed upon in an Order Form. You must provide Saleschase.com with valid credit card or approved purchase order information as a condition to signing up for the Services. You shall be responsible for any and all use, sales or other taxes arising from Your use of any Services provided by Saleschase.com or its third party suppliers. Saleschase.com reserves the right to modify its fees and charges and to introduce new charges at any time, upon at least 30 days prior notice to you, which notice may be provided by e-mail.

2. Billing and Renewal.

Saleschase.com charges and collects in advance for use of the Services. When applicable, Saleschase.com will automatically renew and bill your credit card each month. You agree to provide Saleschase.com with complete and accurate billing and contact information. This information includes Your legal name, street address, e-mail address, and name and telephone number of an authorized billing contact. You agree to update this information within 30 days of any change to it. If the contact information You have provided is false or fraudulent, Saleschase.com reserves the right to terminate Your access to the Services in addition to any other legal remedies. Unless Saleschase.com in its discretion determines otherwise, you will be billed in U.S. dollars and subject to U.S. payment terms.

3. Overdue Charges and Suspension.

In addition to any other rights granted to Saleschase.com herein, Saleschase.com reserves the right to suspend or terminate this Agreement and your access to the Services if your account becomes delinquent (falls into arrears). If Saleschase does not receive fees by the due date, then at Saleschase.com’s discretion, (i) such charges may accrue late interest at the rate of 1.5% of the outstanding balance per month, or the maximum rate permitted by law, whichever is lower, from the date such payment was due until the date paid, plus all expenses for collection. You will continue to be charged for the Services during any period of suspension. If any amounts You owe under these Terms of Service for the Services are 60 or more days overdue, Saleschase.com may, without limiting Saleschase.com’s other rights and remedies suspend You and Your authorized users’ access to the Services or use of any Saleschase.com Application until such amounts are paid in full. If You or Saleschase.com initiates termination of this Agreement, you will be obligated to pay the balance due on your account. You agree that Saleschase.com may charge such unpaid fees to your credit card or otherwise bill you for such unpaid fees.