Terms of Use

Updated February 3, 2023

The use of this site (“www.touchstoneresearch.com”) (“the “Site”) is subject to certain Terms of Use which constitute a legal agreement (the “Agreement”) between you and Touchstone Research, Inc. and its affiliates, subsidiaries, and assigns (collectively, “TSR”). By using this Site, you acknowledge that you have read, understood and agree to be legally bound by the Terms of Use and all applicable laws and regulations governing the Site. When using this Site on behalf of an organization, you agree to the Terms of Use on behalf of that organization and you represent that you have the authority to do so. In such cases, “you” and “your” will refer to that organization. Please review the Terms of Use prior to viewing this Site. If you do not agree with the terms thereof, please do not use this Site. You agree to these Terms of Use by your use of this Site.

We may amend these Terms of Use from time to time for a variety of reasons, such as to reflect changes in applicable law or updates to the Site, to account for new features or functionality, for security or to prevent abuse or harm. If we do, we will publish the changes on the Site. It is your responsibility to check the Site periodically for changes to these Terms of Use. The date at the top of this webpage indicates when these Terms of Use were last updated. Amendments to these Terms of Use will take effect 3-5 business days after the date on which we publish the amendments on the Site, and from then on will govern the relationship between you and TSR in respect of your use of the Site. If you do not agree with the amended Terms of Use, you must not continue to use the Site after the date on which the amendments take effect.

Linked Websites
TSR may provide links to websites or resources outside of this Site. Because TSR has no control over external websites and resources, you acknowledge and agree that TSR shall not be responsible for the availability of such sites or resources and does not endorse or sponsor and is not and shall not be responsible or liable for any privacy practices, advertising, goods, services, information or other materials or content on, available through or provided by such websites or resources. TSR does not make any representation, warranty or condition, either express or implied, in relation to any goods or services or information received from such sites and resources.

Copyright and Trademark
The names, logos, icons, and graphics used on this Site in connection with or identifying the products and/or services of TSR are proprietary marks of TSR and any other content or material embodying or consisting of patentable or copyrightable work on the Site are proprietary marks of TSR, as applicable. Your access does not imply a license to reproduce, transmit, and/or distribute this information or these names, logos, icons, and graphics in any form or by any means. If you wish to do any of these things, you must first obtain prior written consent from TSR. You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content, including TSR intellectual property without first obtaining prior written consent from TSR.

In addition to works of TSR, this Site contains matter covered by copyright and owned by third parties or assigned to and owned by TSR. Additionally, this Site contains copyrights, trademarks, and other intellectual property owned by the TSR or owned by third parties and licensed to TSR. You should not assume anything on this Site is in the public domain.

All pages and content within a Site, including, but not limited to, text, graphics, audio, video, displays, design, photographs, logos, selection, and arrangement thereof, or other materials are the intellectual property of, or are authorized for use by, TSR, licensors, business partners and/or affiliates, including all trademarks, service marks, copyrights, patents, trade secrets, and other intellectual property or rights contained therein. You are hereby expressly prohibited from modifying, copying, reproducing, creating derivative works of, republishing, displaying, uploading, posting, transmitting, or distributing, in any way, the content available on the Site, without the prior written consent of TSR, which may be granted or withheld in the sole discretion of TSR, its licensors, business partners, and/or affiliates.

Copyright Infringement Notification:
TSR is committed to complying with U.S. copyright law and to respond to claims of copyright infringement. TSR will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c) (“DMCA”).

If you are an intellectual property rights holder and believe your rights have been infringed, please read the following: Pursuant to the DMCA, notifications of claimed copyright infringement should be sent to a Service Provider’s Designated Agent. Notification must be submitted to the following Designated Agent for this Site in the manner described below:

By Mail:
Copyright Agent
c/o Touchstone Research, Inc.

470 James Street, Suite 007

New Haven, CT 06513

Branford, CT 06405

By Email: [email protected]

Phone: 1-800-409-2665

For your complaint to be valid under the DMCA, you must provide all of the following information when providing notice of the claimed copyright infringement:

A physical or electronic signature of a person authorized to act on behalf of the copyright owner;
Identification of the copyrighted work claimed to have been infringed;
Identification of the material that is claimed to be infringing or to be the subject of the infringing activity, and that is to be removed or access to which is to be disabled, as well as information reasonably sufficient to permit TSR to locate the material;
Information reasonably sufficient to permit TSR to contact the copyright owner, such as an address, telephone number, and, if available, an electronic mail address;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

For more details on the information required for valid notification, see 17 U.S.C. 512(c)(3).

You should be aware that, under the DMCA, claimants who make misrepresentations concerning copyright infringement may be liable for damages incurred as a result of the removal or blocking of the material, court costs, and attorney’s fees.

Legal Disclaimer and Limitation of Liability

While TSR attempts to keep the information, materials, and processes on this Site as current, complete, and accurate as possible, we make no representations or warranties of any kind about this Site or the information, software, functions, processes, or other content contained on this Site. TSR makes no guarantee that access to this Site will be uninterrupted, error-free, or free from viruses or other harmful code. The documents, information, and graphics published on this Site may include technical errors. TSR shall not be bound by any errors or omissions contained in this Site with respect to any services offered on this Site. Information herein may be changed, removed, or updated at any time without notice and for any reason. All materials and information posted to this Site are intended to be used for informational purposes only. TSR may generate content, information, or text to display on this Site, in part with GPT-3, OpenAI’s large-scale language-generation model or other artificial intelligence software or code, now known or hereinafter developed (the “Content”). Upon generating draft language, TSR may have reviewed, edited, and/or revised the language of the Content in our sole discretion and assume ultimate liability for the Content, subject to the limitations of liability contained herein. TSR is not responsible for any actions you take with respect to the Content, or any loss or damage resulting from your use of, or reliance on, the Content. The Content is made available solely for general information purposes.

Any Content accessed, downloaded, or otherwise obtained on or through the use of the Site is used at your own discretion and risk. TSR shall have no responsibility for any damage to your computer system or loss of data that results from the download or use of Content. You assume the entire risk of relying on this information. This information is supplied to you on the condition that you or any other person receiving this information will make their own determination as to its suitability for any purpose prior to any use of this information.

The information, services, products, software, and materials contained or offered in this Site are provided on an “as is” basis with no warranty. To the maximum extent permitted by law, TSR disclaims all representations and warranties, express or implied, with respect to such information, services, products, software, and materials, including, but not limited to, warranties of merchantability, fitness for a particular purpose, title, noninfringement, freedom from computer virus or other harmful code, and implied warranties arising from course of dealing, usage, reliance, or trade practice.

In no event shall TSR be liable for any direct, indirect, special, punitive, exemplary, incidental, or consequential damages, or any damages whatsoever. In no event shall TSR, its officers, directors, employees, and agents have any obligations or liabilities to you or any other person for loss of profits, for loss of business or use, or for incidental, special or consequential damages, whether based on contract, tort (including negligence), or any other theory or form of action, even if we or our subsidiaries have been advised of the possibility of such damages, whether in an action under contract, negligence, or any other theory, arising out of or in connection with the use or inability to use the information, services, products, software and materials available from this Site. No action or proceeding may be brought against TSR with respect to any claim or dispute arising from the use of or reliance on this Site or any information thereon.

This information is not to be construed as recommendations to use any information, product, process, or formulation that conflicts with any patent, copyright, or trademark, and TSR make no representation or warranty, express or implied, that any use of this information will not infringe on any patent, copyright, or trademark.

You also acknowledge and agree that the operation of the Site is dependent upon the proper and effective functioning of the Site and other third-party software and services, and that we do not guarantee and will not be liable for these in any way. The Site may be unavailable from time to time for various reasons and we may restrict access to some parts of the Site, or the entire Site, at any time or for any period of time.

Indemnity
You agree to indemnify and hold harmless TSR, its officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys’ fees and costs, due to or arising out of your violation of these Terms of Use or your violation or infringement of any third-party rights, including intellectual property rights.

Privacy
We respect your privacy and the use and protection of your Personal Information. Please see our Privacy Policy for important information and disclosures relating to the collection and use of your Personal Information in connection with your use of the Site.

Online Conduct
Any conduct by a person that in TSR’s sole discretion restricts or inhibits any other person from using or enjoying the Site, is prohibited. You agree to use the Site only for lawful purposes and in accordance with that prohibition. You agree that you will not post on the Site or transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including, but not limited to, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law.

Termination of Usage
TSR may terminate access by you or suspend any access to all or part of the Site, without notice, for any conduct that TSR, in its sole discretion, believes is in violation of any applicable law or these Terms of Use, or is harmful to the interests of another user, a third-party, a merchant, a sponsor, a licensor, a service provider, or the Site.

Waiver and Severability
The failure of TSR to exercise or enforce any rights or provisions in these Terms of Use shall not constitute a waiver of such right or provision. If any part or provision of these Terms of Use is found to be unenforceable, such part or provision may be modified to make the Terms of Use as modified legal and enforceable. The balance of the Terms of Use shall not be affected.

Miscellaneous Terms
The headings contained in these Terms of Use are for reference only and shall have no effect on the interpretation and/or application of this Agreement. TSR‘s failure to enforce a breach by you of this Agreement shall not waive or release you from such breach and shall not waive, release, or prevent TSR from enforcing any subsequent breach by you of this Agreement. This Agreement and any policy or policies referenced or incorporated into this Agreement, represents the entire understanding and agreement between TSR and you with respect to the subject matter hereof.

Governing Law
These Terms of Use, together with our Privacy Policy and any other regulations, procedures and policies which we refer to and which are hereby incorporated by reference, contains the entire understanding and agreement between you and the Site and supersedes any and all prior understandings relating to the Site and your use of the Site. This Agreement cannot be changed or terminated orally. If any provision of this Agreement is held to be illegal, invalid or unenforceable, this will not affect any other provisions and the Agreement will be deemed amended to the extent necessary to make it legal, valid and enforceable. Any provision which must survive in order to allow us to enforce its meaning shall survive the termination of this Agreement. This Agreement is governed, construed and enforceable in accordance with the laws of the State of New York, without regard to conflicts of law provisions to the contrary. To the extent it may be applicable, you agree to opt out from and expressly exclude any applicability of the Uniform Computer Information Transactions Act.

Arbitration

At TSR’s sole discretion, it may require you to submit any disputes arising from these Terms of Use or use of the Site, 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 New York State law.

How to Contact us
If you have questions or concerns about these Terms of Use that aren’t addressed above, you can contact us by calling: 1-800-409-2665, or simply click here, or write:

Touchstone Research, Inc.
Attn: Travis Santa, Privacy Officer

470 James Street, Suite 007

New Haven, CT 06513

Email: [email protected]

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