TERMS AND CONDITIONS
Effective Date: 4/15/20
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BECAUSE THEY DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES. THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN COURTS, JURY TRIALS, OR CLASS ACTIONS, AND LIMITS THE REMEDIES AVAILABLE IN THE EVENT OF A DISPUTE.
These Terms and Conditions (the “Agreement”) govern your Membership (defined below) in any of Touchstone Research, Inc.’s (“TSR”) Communities, including, without limitation, all current research Communities, and/or any other Communities created, maintained and/or operated by TSR and/or its affiliates, subsidiaries and/or divisions (collectively referred to herein as “TSR”, “we” or as “us”).
This Agreement governs your access and use of the TSR community website, facilities, and participation in the associated online forums, blogs, member generated polls, chat, etc. (collectively, the “Community”). In consideration for your right to access and use the Site (defined below) and participate in the Community, you represent that you are eligible to participate and agree to be bound by this Agreement. This Community is operated and managed by TSR on behalf of its Client (defined below), as a service provider for Client and TSR is solely responsible for the operation and administration of the Community and any rewards you can earn by participating in the Community.
The words “use” or “using” in this Agreement means any time an individual (a “user” or “you”), directly or indirectly, with or without the aid of a machine or device, does or attempts to access, interact with, display, view, print or copy from the Site, transmit, receive or exchange data or communicate with the Site, or in any way utilizes, benefits, takes advantage of or interacts with any function, service or feature of the Site, for any purpose whatsoever. This Agreement does not cover your rights or responsibilities with respect to third party content or sites or any links that may direct your browser or your connection to third party sites or pages. Except with regard to users that are TSR clients, this is the entire and exclusive Agreement between you and us regarding use of the Site and it cannot be modified, except as specifically described below. Although every effort has been made to ensure that the information in this document is accurate, TSR is not responsible for typographical errors or omissions.
Use of Site
Access to, and use of, a Site is subject to this Agreement, and, except with regards users that are TSR clients, is limited to your personal, non-commercial use. Any use of the Site in violation of this Agreement is strictly prohibited. By accessing, using, participating in or registering for the Community, you become a Member of the Community (a “Member”) such participation is considered “Membership”. Except with regards to users that are TSR clients, Membership in the Community is limited to your personal, non-commercial use. Any commercial or other use of the Community in violation of this Agreement is strictly prohibited.
Membership of and access to the Community is only for people who meet the minimum age of eligibility required for the Community, have passed the screening criteria, and for whom ongoing participation would not be medically contraindicated or otherwise inappropriate.
Each Community will be open to individuals and households who meet certain eligibility criteria specific to the focus of the Community. If you do not qualify, please do not attempt to register for Membership in the Community or participate in a survey or Community activity. By participating in the Community, you represent that you are eligible to participate and agree to be bound by the terms and conditions set forth in this Agreement. This Community is open to individuals who the community years of age requirements and a legal resident and physically located in the U.S. or D.C. who meet certain eligibility, including (but not limited to); demographic criteria (e.g. age, gender and household income), electronic device usage, and other criteria specific to the focus of the Community.
By participating in the Community, you represent that you are eligible to participate and agree to be bound by this Agreement. If you do not qualify, please do not use our Site. Our Site, and some surveys or Community activities, may require you to accept a cookie from us as a means of ensuring data integrity. TSR reserves the right to refuse to offer or provide Community Membership or other services to anyone, at any time, in its sole discretion.
While reasonable care has been taken in respect of the information contained on the Site, neither TSR, nor Client makes any representation or warranty (either express or implied) as to the completeness of the information or its suitability for any particular purpose. The information has been prepared for those interested in finding out about our services, and except with regards users that are TSR clients, is being made available to you solely for limited personal and non-commercial uses. If you have a question about the information on this Site, please click “Contact” to send us a message.
Management of this Site and Community
This Site and Community is owned, operated and managed by TSR. TSR is solely responsible for such and has sole discretion in these matters.
Limitations of Membership, Non-Transferability
Membership is limited to one (1) per individual or qualified household who meet the eligibility criteria set forth above. Multiple individual or household Memberships across multiple email accounts are prohibited and subject to immediate cancellation and will render void all rewards due. Membership is specific to the one (1) individual with a unique e-mail address, and to the individual who registered and completed the demographic and other profile information sections. Rewards are awarded to individual Members and are not transferable.
Honest and Accurate Disclosures
You, as a Member of a Community, agree to provide true and accurate information during the registration process, while filling out demographic profile information and other general details, and while answering survey research questionnaires or participating in Community activities. If you provide any information that is untrue, inaccurate or not current to TSR or any of its clients or agents, or if TSR or one of its agents has reasonable grounds to suspect such information is untrue, inaccurate or not current, TSR has the right to terminate your Membership and refuse any and all current or future access to, or use of the TSR site, including the immediate forfeiture of any points and other rewards or prizes, provided that if you are participating as a qualified household these actions apply to the household.
Registration & Verification
Registration requires that you provide a valid physical United States address of your residence, PO Boxes are not acceptable. Registration also requires that you provide a means of reaching you for purposes of verification of any information provided to TSR at any time. TSR reserves the right to verify any information submitted by a Member in his or her registration profile at any time. Such requests for verification may be made by phone, email or U.S. mail. TSR further reserves the right to require that written or printed documentation be submitted for verification of information in profile, if requested. If any Member fails to provide verification when requested, and/or if any information in a Member’s profile is unable to be verified, such Member may be removed from the Community without notice and any rewards in such Member household’s account balance forfeited.
Here are some commitments you make to us relating to registering and maintaining the security of your account:
- You will not provide any false personal information on the Community or create an account for anyone other than yourself.
- You will not register for the Community if you are not within the years of age requirements of the Community, reside in the U.S. or do not meet certain eligibility criteria specific to the focus of the Community.
- You will not use the Community if you are a convicted sex offender.
- You will keep your contact information accurate and up to date.
- You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
SMS Text Messaging & Alerts Terms
Authorization: You certify that you are authorized: (a) to enroll the designated mobile phone number in the SMS Alerts Service, and (b) to incur any mobile message or data charges that may be incurred by participating in the SMS Alerts Service.
Subscribing to SMS Alerts: You may subscribe to SMS Alerts by entering and submitting your mobile phone number in the provided submission form during registration. By entering your phone number and completing the submission form, you consent to these Terms and to receive text message and messages that use automatic telephone dialing technology, artificial voice or pre-recorded voice or live person communications from TSR as described herein.
By subscribing to SMS Community Activity Alerts, you expressly consent and agree to accept and receive Community Activity Alerts and related communications via text message from TSR and Client, including our agents, independent contractors and affiliates, to your mobile device and to the cellular/mobile telephone number(s) that you provided to us. The information in any message may be subject to certain time lags and/or delays.
Frequency of Messages: The number of text messages you may receive per month may vary depending on the number of research activities you qualify for at any given time—from several messages to 10+ messages per month.
To Stop Messages: Text STOP to 670-67. You agree that following a request to unsubscribe you will receive one (1) final message from TSR confirming that you have been removed from the SMS list. Following such confirmation message, no additional text messages will be sent unless you opt back in to receive SMS text messages from TSR. Please allow up to three (3) business days to process your request. To opt back in to receive SMS text messages from TSR, you must text UNSTOP to 670-67. It is your sole responsibility to notify us if you no longer want to receive automated calls or text messages. You waive any rights to bring claims for unauthorized or undesired calls or text messages by failing to opt-out immediately or by failing to follow these instructions. Please note that if you opt out of automated calls or text messages, we reserve the right to make non-automated calls to you.
For Help: Call 1-800-409-2665 or email us at [email protected].
Message, Voice and Data rates may apply. By participating in the SMS Alerts Service, you approve any such charges from your mobile carrier. Check your carrier’s plan for details. You acknowledge and agree that you are solely responsible and liable for obtaining, maintaining, and paying all charges related to your mobile device(s).
No Guarantee: TSR is not responsible for incomplete, lost, late, or misdirected messages, including (but not limited to) undelivered messages resulting from any form of filtering by your mobile carrier or service provider or otherwise.
Use of Automated Dialing Technology: You acknowledge and agree that the SMS Alerts Service may be provided in some cases through automatic telephone dialing technology, an artificial voice or a pre-recorded voice. The Federal Communications Commission defines an “automatic telephone dialing system” or auto-dialer as equipment that has the capacity to store or produce telephone numbers to be called and to call such numbers. 47 C.F.R. § 64.1200. By providing us your phone number, you expressly consent to receive the SMS Alerts Service through automatic dialing technology, artificial and pre-recorded voice. You acknowledge that automated calls or text messages may be made to your telephone number(s) even if your telephone number(s) is registered on any state or federal Do Not Call list. You understand that you may receive automated calls or text messages to any telephone number you provide at any time.
General Communications: You agree to receive notifications from TSR, its representatives, employees, and agents, through any means authorized under these Terms, including phone calls and text messages that use automatic telephone dialing technology, artificial voice or pre-recorded voice or live person.
Carriers: Supported carriers include all major United States carriers including, AT&T, Verizon Wireless, T-Mobile®, Sprint, and others.
Termination: TSR reserves the right, in its sole discretion, to cancel or suspend any or all of the SMS Alerts Service, in whole or in part, for any reason, with or without notice to you.
Notification of Changes in Personal & Other Information
You agree as a Member to promptly notify TSR of any changes in personal and other information, including, but not limited to, name, address, phone number, e-mail address, and demographic information by updating such information on the Site. You agree to indemnify TSR, Client and each of our respective agents, affiliates, and independent contractors for any privacy, tort or other claims, including claims under the Federal Telephone Consumer Protection Act or its state law equivalent, relating to your voluntary provision of a telephone number that is not owned by you and/or your failure to notify TSR of any changes in your contact information, including telephone number. You agree to indemnify, defend and hold us harmless from and against any and all such claims, losses, liability, costs and expenses (including reasonable attorneys’ fees). TSR shall have the exclusive right to choose counsel, at your expense, to defend any such claims.
Rules of Conduct
Your use of the Site is subject to all applicable local, state, national laws and regulations and, in some cases, international treaties and the TSR Community Rules and Guidelines. You are solely responsible for all activities, acts and omissions that occur in, from, through or under your username or password. You shall not use, allow, or enable others to use the Site, or knowingly condone use of this Site by others, in any manner that is, attempts to, or is likely to:
- be libelous, defamatory, indecent, vulgar or obscene, pornographic, sexually explicit or sexually suggestive, racially, culturally, or ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory, or abusive, or impersonating anyone else;
- affect us adversely or reflect negatively on us, the Site, our goodwill, name or reputation or cause duress, distress or discomfort to TSR or its client(s) or anyone else, or discourage any person, firm or enterprise from using all or any portion, features or functions of the Site, or from advertising, linking or becoming a supplier to us in connection with the Site;
- except with regards to users that are TSR clients, be used for commercial or business purposes, including, without limitation, advertising, marketing or offering goods or services, whether or not for financial or any other form of compensation or through linking with any other website or web pages;
- transmit, distribute or upload programs or material that contain malicious code, such as viruses, worms, trojan horses, spyware, or other potentially harmful programs or other material or information;
- violate any laws, regulations (including, without limitation, laws regarding the transmission of technical data or software exported from the United States), judicial or governmental order or any treaties, or violate or infringe upon any intellectual property rights, rights of publicity or privacy or any other rights of ours or of any other person, firm or enterprise; gain unauthorized access to the Site, other users’ accounts, names, passwords, personally identifiable information or other computers, websites or pages, connected or linked to the Site or to use the Site in any manner which violates or is inconsistent with this Agreement;
- modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of the Site or the rights of use and enjoyment of the Site by any other person, firm or enterprise; or
- collect, obtain, compile, gather, transmit, reproduce, delete, revise, view or display any material or information, whether personally identifiable or not, posted by or concerning any other person, firm or enterprise, in connection with their or your use of the Site, unless you have obtained the express, prior permission of such other person, firm or enterprise to do so.
In addition, the following rules shall apply to the Site:
- the Site shall be accessible to Members only;
- all Members shall keep postings and any information that we make available confidential; and
- you agree not to copy or download any Material (as defined below).
Zero Tolerance of Abuse or Fraud
You agree to abide by and not abuse your benefits and privileges as Member. Such abuses include, but are not limited to, attempts to earn incentives in any manner that conflicts with the intent of this Agreement. Other examples include any fraudulent methods for earning rewards or other incentives, tampering with surveys or links.
TSR shall be the sole determiner in cases of suspected abuse, fraud, or violation of its rules and any decision made shall be final and binding. Fraud or abuse relating to the accrual of rewards or redemption of merchandise may result in forfeiture of accrued rewards as well as the termination of your account and participation in the Community.
We do our best to keep the Community safe, but we cannot guarantee it. We need your help to do that, which includes the following commitments:
- You will not send or otherwise post unauthorized commercial communications (such as spam) to the Community.
- You will not collect users’ content or information, or otherwise access the Community, using automated means (such as harvesting bots, robots, spiders, or scrapers).
- You will not engage in unlawful multi-level marketing, such as a pyramid scheme, in the Community.
- You will not upload viruses or other malicious code.
- You will not solicit login information or access an account belonging to someone else.
- You will not do anything that could disable, overburden, or impair the proper working of the Community, such as a denial of service attack.
- You will not facilitate or encourage any violations of this Agreement.
Member Generated Content, Content Submitted or Made Available for Inclusion in the Community; Rights
- User Content.
(i) General. TSR may now or in the future offer users of the Site the opportunity to create, build, post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available on or submit through the Site (collectively, “submit”) messages, responses to questions, feedback, submissions, avatars, text, illustrations, files, images, graphics, photos, comments, responses, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, personally identifiable information, or other information or materials and the ideas contained therein (collectively, but excluding TSR/Client Licensed Elements included therein, “Content”). TSR and Client may allow you to do this through forums, blogs, message boards, contact us tools, surveys, polls, email, and other communications functionality. Subject to the license you grant in this Agreement, you retain whatever legal right, title, and interest that you have in your Content and you remain ultimately responsible for it.
(iii) License to Client of Your Content. Except as otherwise described in any applicable Additional Terms which specifically govern the submission of your Content, you grant to Client the non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, and cost-free right and license to access, use, copy, record, distribute, reproduce, disclose, sell, re-sell, sublicense (through multiple levels), display, publicly perform, transmit, publish, broadcast, translate, modify, adapt, make derivative works of, and otherwise use and exploit in any manner whatsoever, all or any portion of your Content (and any adaptations, translations, or derivative works thereof), for any purpose whatsoever in all formats, on or through any means or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same. Without limitation, the granted rights include the right to: (a) configure, host, index, cache, archive, store, digitize, compress, optimize, modify, reformat, edit, adapt, publish in searchable format, and remove such Content and combine same with other materials, and (b) use any ideas, concepts, know-how, or techniques contained in any Content for any purposes whatsoever, including developing, producing, and marketing products and/or services. You understand that in exercising such rights metadata, notices and content may be removed or altered, including copyright management information, and you consent thereto and represent and warrant you have all necessary authority to do so. In order to further effect the rights and license that you grant to Client to your Content, you also hereby grant to Client, and agree to grant to Client, the unconditional, perpetual, irrevocable right to use and exploit your name, persona, and likeness in connection with any Content, without any obligation or remuneration to you. Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any Content, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section.
(iv) Exclusive Right to Manage Our Site. TSR may, but will not have any obligation to, review, monitor, display, post, store, maintain, accept, or otherwise make use of, any of your Content, and TSR may, in its sole discretion, reject, delete, move, re-format, remove or refuse to post or otherwise make use of Content without notice or any liability to you or any third party in connection with our operation of Content venues in an appropriate manner. Without limitation, we may do so to address content that comes to our attention that we believe is offensive, obscene, lewd, lascivious, filthy, violent, harassing, defamatory, threatening, abusive, illegal or otherwise objectionable or inappropriate, or to enforce the rights of third parties or these Terms and Conditions or any applicable Additional Terms. Such Content submitted by you or others need not be maintained on the Site by us for any period of time and you will not have the right, once submitted, to access, archive, maintain, or otherwise use such Content on the Site or elsewhere.
(v) Representations and Warranties Related to Your Content. Each time you submit any Content, you represent and warrant that you are at least the age of majority in the jurisdiction in which you reside or are the parent or legal guardian, or have all proper consents from the parent or legal guardian, of any minor who is depicted in or contributed to any Content you submit, and that, as to that Content: (a) you are the sole author and owner of the intellectual property and other rights to the Content, or you have a lawful right to submit the Content and grant Client the rights to it that you are granting by these Terms and Conditions and any Additional Terms, all without any Client obligation to obtain consent of any third party and without creating any obligation or liability of Client; (b) the Content is accurate; (c) the Content does not and, as to Client’s permitted uses and exploitation set forth in these Terms and Conditions, will not infringe any intellectual property or other right of any third party; and (d) the Content will not violate these Terms and Conditions or any Additional Terms, or cause injury or harm to any person.
(vi) Enforcement. TSR and Client have no obligation to monitor or enforce your intellectual property rights to your Content, to the extent permitted by applicable law, you grant us the right to protect and enforce our rights to your Content, including by bringing and controlling actions in your name and on your behalf (at TSR’ cost and expense, to which you hereby consent and irrevocably appoint TSR as your attorney-in-fact, with the power of substitution and delegation, which appointment is coupled with an interest).
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:
c/o Touchstone Research, Inc.
470 James Street, Suite 007
New Haven, CT 06513
By Email: [email protected]
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.
Notification of Unauthorized Use
You agree to maintain your password and other information confidential to prevent unauthorized use of your account. It’s also your responsibility to notify us of any improper uses of your account. You are solely responsible for any loss of points or other incentives, or other fraudulent activities associated with sharing your password.
Membership is solely at the discretion of TSR. TSR reserves the right to refuse to offer, register or provide Membership or other services to anyone, at any time, in its sole discretion. Membership is voluntary and may be terminated at will by either party. There is no obligation or requirement to remain a Member of the Community. You may terminate your Membership by emailing us directly at [email protected] Any accrued rewards are forfeited the moment you cancel your Membership with the Community.
Suspension & Termination
TSR reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Community (or any part of it) with or without notice. The Community may be dissolved for any reason, without notice, at any time, solely at the discretion of TSR. You agree that TSR and Client shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Community. You agree that, TSR, in its sole discretion, may terminate your password, account (or any part of it) or ability to use the Community, and remove and discard any profile information and delete any rewards, for any reason or for no reason, including, without limitation, for lack of use, or for violating the letter or the spirit of this Agreement. We may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your Membership, if you breach this Agreement. You agree that any termination of your access to the Community may be immediate and without prior notice. You further agree that TSR and Client shall not be liable to you or any third-party for any termination of your use or ability to access the Community.
Without limiting any other remedies, TSR may suspend or terminate your account resulting in forfeiture of accrued rewards as well as the termination of your account and participation in the Community if you fail to abide by this Agreement. All decisions on all matters regarding Membership and the Community are final and the sole discretion of TSR.
You further agree that TSR shall not be liable to you or any third-party for any termination of your use or ability to access the Site. Specific reasons for such limitation or termination include, but are not limited to, the following: (a) TSR requires all Members to update their profile promptly whenever there are any changes, including, but not limited to, e-mail address, and demographic information by updating such information on the Site. Failure to promptly notify TSR of any changes in personal or other information in their profile or to respond to TSR’s request for such updates shall result in the applicable Member being removed from the Community, such Member information being deleted from TSR’s records, and any remaining rewards in such Member’s account being voided. (b) Using in the registration of your Membership an email account that is not your own or that is or becomes inactive. (c) Failing to designate the Community email address as an approved sender to prevent Community emails being rejected as SPAM. (d) Taking action that results in or might result in our email being designated as SPAM (e) Blocking or rejecting our emails. (f) Length of participation exceeds desired length. (g) Falsifying information in your registration or household profile. (h) Inactivity. If TSR determines, in its sole discretion, that a Member is not actively participating in Community activities on a regular basis, he or she or his or her household shall be deemed to have abandoned the Community, and TSR shall be entitled, without notice or any obligation to such Member (or his or her household), to remove such Member/household from the Community, delete such Member information from its records, and void any remaining rewards in such Community member account. (i) Reproducing, distributing, republishing or retransmitting any material contained in a survey or the Community site. (j) TSR reserves the right to take any action it deems necessary with respect to your Community account if we have reason to believe it may cause us to lose the services of our ISP, suppliers or be harmful to our clients or other Members.
ANY ATTEMPT TO DAMAGE THE COMMUNITY OR TAMPER WITH OR UNDERMINE THE LEGITIMATE OPERATION OF THE COMMUNITY IS A VIOLATION OF THE TERMS AND CONDITIONS FOR USE OF THE COMMUNITY, AS WELL AS CRIMINAL AND CIVIL LAWS. SHOULD TSR BELIEVE OR BECOME AWARE THAT SUCH AN ATTEMPT HAS BEEN, IS BEING, OR WILL BE MADE, TSR RESERVES THE RIGHT TO REMOVE ANY RESPONSIBLE MEMBER FROM THE COMMUNITY AND ELIMINATE ANY UNPAID REWARDS, AND SEEK REMEDIES AND DAMAGES FROM ANY RESPONSIBLE MEMBER AND OTHER RESPONSIBLE INDIVIDUAL(S) TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING, WITHOUT LIMITATION, CRIMINAL PROSECUTION.
Limitation of Liability
By accessing this Site and/or participating in the Community, you agree that the Indemnified Parties (defined below) will not be liable for any loss and/or damages whatsoever you may suffer in connection with the Site and/or Community and in particular the Indemnified Parties will not be liable for special, consequential or incidental damages or damages for loss of profits, loss of revenue, or loss of use, arising out of or in connection with this Site or the information or material contained in it, whether any claim is brought in contract, or tort (including negligence) or otherwise. The Indemnified Parties shall in no event be liable for the loss of profits, goodwill or other special or consequential damages suffered by any Members or others as a result of performance or non-performance by the Indemnified Parties under this Agreement whether or not the possibility of such damages was disclosed to the Indemnified Parties or could have been reasonably foreseen by the Indemnified Parties.
The Indemnified Parties are neither responsible nor liable for any damages, whether direct, indirect, incidental, special or consequential, or losses that result from participation in the surveys or other Community activities offered to Members, or reliance on or use of information, services, or merchandise provided on or through points except where such liability is mandated by law.
You further acknowledge that the Indemnified Parties neither endorse the contents of advertisements or partner websites, nor assume responsibility or liability for the accuracy of material contained therein, or any infringement of third party intellectual property rights arising therefrom, or any fraud or other crime facilitated thereby.
EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAWS, YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL TSR AND ITS CLIENT(S) BE LIABLE, OR OTHERWISE RESPONSIBLE, TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR PUNITIVE DAMAGES, ARISING OUT OF, RESULTING FROM, IN CONNECTION WITH, OR CAUSED BY, WHETHER DIRECTLY OR INDIRECTLY, (i) YOUR COMMUNITY MEMBERSHIP; (ii) YOUR RELIANCE ON, OR USE OF, ANY INFORMATION, SERVICES AND/OR MERCHANDISE PROVIDED BY, ON, OR THROUGH ANY WEBSITE(S); AND/OR (iii) YOUR/YOUR HOUSEHOLD PARTICIPATION IN ANY SURVEY(S) OR OTHER COMMUNITY ACTIVITIES OFFERED, PROVIDED, HOSTED, OR ADMINISTERED BY TSR AND CLIENT AND/OR ITS OR THEIR EMPLOYEES AND/OR AGENTS, REGARDLESS OF WHETHER TSR AND CLIENT ARE INFORMED OF THE POSSIBILITY THE SAME MAY EXIST.
The foregoing limitations of liability will apply even if any of the foregoing events or circumstances were foreseeable and even if the Indemnified Parties were advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action based in contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, acts of god, telecommunications failure, or destruction of the Site).
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages of the sort that are described above, so the above limitation or exclusion may not apply to you.
EXCEPT AS MAY BE PROVIDED IN ANY ADDITIONAL TERMS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE INDEMNIFIED PARTIES’ TOTAL LIABILITY TO YOU, FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE SITE AND YOUR RIGHTS UNDER THESE TERMS, EXCEED AN AMOUNT EQUAL TO THE AMOUNT YOU HAVE BEEN PAID BY COMPANY IN CONNECTION WITH THE REWARDS THAT UNDERLIE THE CLAIM(S); PROVIDED, HOWEVER, THIS PROVISION WILL NOT APPLY IF A TRIBUNAL WITH APPLICABLE JURISDICTION FINDS SUCH TO BE UNCONSCIONABLE.
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.
Intellectual Property Rights & Using our Property
The names, logos, icons and graphics used on this Site in connection with or identifying the products and/or services of TSR or Clients are proprietary marks of TSR and/or Clients any other content or material embodying or consisting of patentable or copyrightable work on the Site are proprietary marks of TSR and Client 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 and/or Client as applicable. Except with regards to users that are TSR clients, the content of the Community and Site is intended for the personal, noncommercial use of its users, and 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 or Client’s intellectual property.
In addition to works of TSR and Client’s, this Site and the Community surveys, forums, blogs and the like also contain matter covered by copyright and owned by third parties or assigned to and owned by TSR and/or its client(s). Additionally, this Site and the Community surveys contain trademarks and other intellectual property owned by the TSR and/or Client or owned by third parties and licensed to TSR and/or Client. You should not assume anything on this Site or in any of the Community surveys or Community activities is necessarily in the public domain.
All pages and content within a Site and any related surveys or Community activities, including, but not limited to, text, graphics, audio, video, photographs, surveys, logos or other materials are the intellectual property of, or are authorized for use by, TSR and/or Client, licensors, business partners and/or affiliates, including all trademarks, service marks, copyrights, patents and trade secrets 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 or Client, as applicable, which may be granted or withheld in the sole discretion of TSR and/or Client, licensors, business partners and/or affiliates.
Subject to your strict compliance with this Agreement and any Additional Terms, TSR and Client grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to: (i) download (temporary storage only), display, view, use, play, and/or print one copy of materials and other items relating to TSR and Client, and its products and services, and similar items from our licensors and other third parties, including all layout, information, articles, posts, text, data, files, images, scripts, designs, graphics, button icons, instructions, illustrations, photographs, audio clips, music, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, the “look and feel” of the Site, and the compilation, assembly, and arrangement of the materials of the Site and any and all copyrightable material (including source and object code); (ii) trademarks, trade dress, logos, trade names, service marks, and/or trade identities of various parties, including those of Client; and (iii) other forms of intellectual property (all of the foregoing, collectively “Materials”) (excluding source and object code in raw form or otherwise, other than as made available to access and use to enable display and functionality) on a personal computer, mobile phone or other wireless device, or other Internet enabled device (each, a “Device”) for your personal, non-commercial use only, and (ii) to use certain Materials that we may from time to time make available on the Site explicitly for you for use as part of your Content (“Client Licensed Elements”), but only for such purposes as may be explicitly stated at the time that the Client Licensed Elements are made available on the Site; but Client and our licensors and certain other third parties, as the case may be, retain ownership of such Client Licensed Elements. The foregoing limited license: (i) does not give you any ownership of, or any other intellectual property interest in, the Site (or any part thereof) or the Materials (or any part thereof); and (ii) may be immediately suspended or terminated for any reason, in TSR’s sole discretion, and without advance notice or liability. In some instances, we may permit you to have greater access to and use of Materials and/or Client Licensed Elements, subject to certain Additional Terms.
You agree to indemnify, defend and hold harmless TSR, Client vendors, and their respective parents, subsidiaries and affiliated companies, and each of their respective officers, directors, employees, agents, and representatives (collectively, the “Indemnified Parties”) from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest, and expenses (including attorneys’ fees) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against any Indemnified Party, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with, whether occurring heretofore or hereafter: (i) your Content; (ii) your use of the Site and your activities in connection with the Site; (iii) your breach or alleged breach of this Agreement, any Additional Terms or Rules; (iv) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with your use of the Site or your activities in connection with the Site; (v) information or material transmitted through your device, even if not submitted by you, that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (vi) any misrepresentation made by you; and (vii) the Indemnified Parties’ use of the information that you submit to us (including your Content) (all of the foregoing, “Claims and Losses”). You will cooperate as fully required by the Indemnified Parties in the defense of any Claims and Losses. Notwithstanding the foregoing, the Indemnified Parties retain the exclusive right to settle, compromise, and pay any and all Claims and Losses. The Indemnified Parties reserve the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of an Indemnified Party.
Arbitration; Class Action Waiver
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO SUBMIT TO BINDING ARBITRATION (JURY TRIAL WAIVER) OF ANY AND ALL DISPUTES (OTHER THAN SPECIFIED INTELLECTUAL PROPERTY CLAIMS AND SMALL CLAIMS) WITH TSR AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM TSR (NO CLASS ARBITRATIONS, CLASS ACTIONS OR REPRESENTATIVE ACTIONS OR ARBITRATIONS).
- Binding Arbitration; Disputes; Small Claims. You and TSR agree to waive any right to a jury trial, or the right to have any Dispute resolved in any court, and instead accept the use of binding arbitration (which is the referral of a Dispute to one or more impartial persons for a final and binding determination); provided, however, that you have the right to litigate any Dispute in small claims court, if all the requirements of the small claims court, including any limitations on jurisdiction and the amount at issue in the Dispute, are satisfied. You agree to bring a Dispute in small claims court in New York County (Manhattan), New York, or, if you reside in the U.S., in a small claims court in your county of residence. “Dispute” as used in this Section means any dispute, cause of action, claim, or controversy arising out of or in any way related to TSR, this Agreement, the subject matter of these this Agreement, or access to and use of the Site, including, but not limited to, contract, personal injury, tort, warranty, statute or regulation, or other legal or equitable basis and disputes that involve third parties (such as developers of third party content), except any dispute, cause of action, claim, or controversy relating to the Client’s intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights, and/or patents). You and TSR empower the arbitrator with the exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of these terms or formation of this contract, including the arbitrability of any dispute and any claim that all or any part of these terms are void or voidable.
- No Class Arbitrations, Class Actions or Representative Actions. You and TSR agree that any Dispute is personal to you and TSR, and that any Dispute shall only be resolved by an individual arbitration and shall not be brought as a class arbitration, a class action, or any other representative proceeding. Neither party agrees to class arbitration, or an arbitration where a person brings a Dispute as a representative of any other person or persons. Neither you nor TSR agree that a Dispute can be brought as a class or representative action whether inside or outside of arbitration, or on behalf of any other person or persons.
- Federal Arbitration Act. You and TSR agree that This Agreement affects interstate commerce and that the enforceability of this Section shall be governed by, construed, and enforced, both substantively and procedurally, by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”) to the maximum extent permitted by applicable law.
- Confidentiality. The arbitrator, TSR, and you shall maintain the confidentiality of any proceedings, including, but not limited to, any and all information gathered, prepared, and presented for purposes of the arbitration or related to the Dispute(s) therein. The arbitrator shall have the authority to make appropriate rulings to safeguard that confidentiality, unless the law provides to the contrary.
- Process. Our goal is to resolve claims fairly and quickly. Accordingly, for any Dispute that you have against TSR, you agree to first contact TSR and attempt to resolve the claim informally by sending a written notice of your claim (“Notice”) to TSR. The Notice to TSR must be sent by certified mail addressed to: 14 Business Park Drive, Suite 7, Branford, CT 06033. The Notice must (a) include your name, residence address, and the email address and/or mobile telephone number associated with your account; (b) describe the nature and basis of the claim; and (c) set forth the specific relief sought. If you and TSR cannot reach an agreement to resolve the claim within thirty (30) days after such Notice is received, then either party may, as appropriate in accordance with this Section, commence an arbitration proceeding or file a claim in court. You and TSR agree that any Dispute must be commenced or filed within one year after such claim arose; otherwise, the Dispute is permanently barred.
In the event that you and TSR cannot resolve a Dispute and you do not pursue your claims through small claims court, you or TSR shall promptly submit the Dispute to binding arbitration at the office of the American Arbitration Association (“AAA”). In the event AAA declines or is unable to administer the arbitration, you and TSR agree to use an arbitration forum or arbitrator that you and TSR mutually agree upon. If, after making a reasonable effort, you and TSR are not able to agree upon an arbitration forum or arbitrator, AAA or a court having proper jurisdiction will appoint an arbitration forum or arbitrator. The arbitration will be conducted in accordance with the AAA Consumer Arbitration Rules (“AAA Rules”) then in effect. The AAA Rules and other information about AAA and arbitration are readily available at http://www.adr.org, by calling 1-800-778-7879, or by mail at 120 Broadway, Floor 21, New York, NY 10271. By entering into this Agreement, you either (1) acknowledge that you have read and understand the AAA Rules or (2) waive reading the AAA Rules and waive any claim that the AAA Rules are unfair in any way. You and TSR agree that this Agreement governs the arbitration, and that the applicable AAA Rules shall be subject to changes in procedures that AAA may make from time to time.
As limited by the FAA, this Agreement, and the applicable AAA Rules, the arbitrator will have the exclusive power and jurisdiction to make all procedural and substantive decisions concerning the Dispute; provided, however, that this power does not include the power to conduct a class arbitration or a representative action, which is prohibited by this Agreement (as stated above). The arbitrator may only conduct an individual arbitration and may not consolidate more than one person’s claims and may not preside over any form of representative or class proceeding, or any proceeding on behalf of or involving more than one person or persons.
Unless the arbitrator finds the arbitration was frivolous or brought for an improper purpose, TSR will pay all filing, AAA, and arbitrator’s fees and expenses. If the arbitrator issues you an award that is greater than the value of our last written settlement offer made before an arbitrator was selected (or if we did not make a settlement offer before an arbitrator was selected), then we will pay you the amount of the award or U.S. $5,000, whichever is greater, and pay your attorney, if any, the amount of attorneys’ fees incurred, and reimburse any expenses (including expert witness fees and costs) that you or your attorney reasonably accrue for investigating, preparing and pursuing your claim in arbitration. We waive any right to seek an award of attorneys’ fees and expenses in connection with any non-frivolous arbitration between you and us.
- Right to Opt Out. You may opt out of this agreement to arbitrate. If you do so, neither you nor TSR can require the other to participate in an arbitration proceeding. To opt out, you must notify us in writing within thirty (30) days of the date that you first became a Member, and must include your name and residence address, the email address you use for your Site membership account (if you have one), and a clear statement that you want to opt out of this arbitration agreement. Any requests to opt out must be sent to: 14 Business Park Drive, Suite 7, Branford, CT 06033. If a court or arbitrator decides that any of this section’s limitations cannot be enforced as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court. Unless you choose to opt out, this dispute resolution provision shall survive termination of this Agreement.
- Waiver of Injunctive Relief. IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSS, DAMAGES, OR INJURIES IN CONNECTION WITH YOUR USE OF THE SITE, THEN THE LOSSES, DAMAGES, AND INJURIES WILL NOT BE IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR TO OTHER EQUITABLE RELIEF OF ANY KIND. THIS MEANS THAT, IN CONNECTION WITH YOUR CLAIM, YOU AGREE THAT YOU WILL NOT SEEK, AND THAT YOU WILL NOT BE PERMITTED TO OBTAIN, ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, APPLICATION, CONTENT, MATERIALS, PRODUCT, SERVICES, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED OR CONTROLLED BY TSR OR CLIENT (INCLUDING YOUR LICENSED CONTENT) OR A LICENSOR OF TSR OR CLIENT.
You are prohibited from using spiders, robots or other automated data mining techniques to catalog, download, store or otherwise reproduce or distribute content available on the Site or to manipulate the results of any Community, poll, survey or prize draws on the Site. You are prohibited from taking any action to interfere with the Site or any other individual’s use of the Site, including, without limitation, via means of overloading, “flooding”, “mail bombing” or “crashing” a website. You are prohibited from sending unsolicited email, including promotions and/or advertising of products or services, through a website or forge or mask your true identity in any email or posting. You are prohibited from framing portions of the Site within another website or altering the appearance of the Site. You are prohibited from establishing links from any other website to any page of the Site without the express written permission of TSR, and in no event shall links to any page other than the home page be established. You are prohibited from encouraging, coaching, and/or advising any individual, including, without limitation, any TSR employee, to commit any act(s) prohibited hereunder. You acknowledge and agree that TSR will fully cooperate with any law enforcement authorities or court order, within the limits of all applicable laws, requesting or directing TSR to disclose or reveal the identity of anyone posting any such information or materials or using a website or the Site in violation of this Agreement.
During the course of your participation in the Community, it likely will be appropriate for you to have access to some of TSR’s or Client’s proprietary and confidential information, including by way of example and without limitation, both TSR’s and Client’s products, product ideas, concepts, concept descriptions, imagery, photographs, drawings, software, music, games, designs, plans and timetables, product formula and specifications, processes, pricing and financial information, in documentary, oral and electronic form (hereinafter “Information”).
- You hereby expressly agree to hold in confidence any portion of the Information received during your, or other household members participation in the Community which is not, or does not become, generally available to the public, and will neither use, nor disclose to others, this Information without TSR’s, or Client’s express written consent.
- You acknowledge that all Community activities and associated Community materials, Community surveys and associated survey materials and Information are the proprietary and confidential property of TSR and Client. You hereby expressly agree that neither you nor any member of your household, will print, copy, capture or otherwise reproduce or distribute any part of any survey or community, including, but not limited to, survey questions, topics, photographs, images, drawings, products, product ideas, concepts, concept descriptions, text, survey questions or other associated materials including survey invitations, survey links or urls nor will you or they transmit or disseminate any of said survey information or materials to anyone for any reason except as part of an approved Member activity, for example, survey links or urls may be forwarded to Member family household members as needed for them to participate, as authorized, in the surveys or as otherwise approved by TSR.
- You also agree that the commitment to hold TSR’s and Client’s Information in confidence will extend beyond any termination of this Agreement and will remain in effect until such Information becomes generally available to the public.
Members may receive compensation (“Incentive”) for their participation in this community. The specific incentive amount and the activities that must be completed to earn the incentive is provided in the study documents or notices alerting you to study activities.
Incentives for online Community activities will be allocated following the conclusion of each activity. TSR will be the sole judge as to whether the Community activity(ies)/task/session has been “completed” and warrants the incentive. You agree that TSR decisions regarding incentive being earned are final and cannot be contested.
Incentives will be provided in the form of virtual Reward Links powered by Tango Cards.
Quick Facts about Reward Link:
- You can choose from over 100 retail brands and charities, including, but not limited to:
- Visa Gift Card
- Walmart, and many more!
- Reward Links never expire
- Value can be spent to redeem multiple eGift cards or charities
- Value will be retained if the full value is not completely redeemed
THE FOLLOWING TERMS AND CONDITIONS APPLY TO REWARD LINK: Reward Link is managed by Tango Card, Inc. Reward Links expire on the date stated on the Reward and are valid within the USA only. Reward Links are issued to Reward Recipient without charge for loyalty, award, or promotional purposes, and are not sold to consumers. Your Reward Link balance may be redeemed for national gift cards and can be accessed at any time by clicking the Reward Link URL. Reward can only be redeemed by the Reward Recipient; Reward cannot be transferred, sold or exchanged. All redemptions are final. Reward Link balances from different programs cannot be combined. No fees apply to Reward Link. Please treat like cash. Please view our full terms of service at https://www.rewardsgenius.com/reward-link-terms-of-service. Use of this Reward constitutes acceptance of the Reward Link terms of service. Separate terms and conditions apply after Reward Link redemption based on merchant selected for redemption.
Neither TSR nor Client is responsible for any lost or stolen Incentives. TSR reserves the right to void any Incentives which have been incorrectly credited to a Member for whatever reason due to technical, computer, human or other error even if such error is not detected until the member attempts to collect the incentive. Each Member agrees that all disputes regarding Incentive will be decided by TSR. Incentive will be voided or forfeited if you opt-out of the Community. Incentives may be voided or forfeited for violating these Terms and Conditions.
Rewards & Taxes
TSR does not provide any legal or tax advice to Members. Members are solely liable and responsible for their own tax and legal obligations. TSR may provide you and/or the appropriate government agency or taxing authority with information related to your rewards redemption history and, if applicable, TSR may withhold taxes upon request from the appropriate government agency or taxing authority. You acknowledge that TSR may be required to provide or supply certain information to applicable government agencies or departments in regard to any payments or incentives you earn in connection with your use of the Site or services. You acknowledge that TSR may supply information to taxing agencies, or withhold taxes, at the request of those agencies or as we, in our sole discretion, deem appropriate. You agree to provide TSR with all required information to assist TSR in complying with its reporting or withholding obligations. Your failure to provide such information within thirty (30) days of a request sent by TSR to the email address registered at that time may result in the forfeiture of Rewards and TSR shall be entitled, without notice or any obligation to such Member (or his or her household), to remove such Member household from the Community, delete such Community household information from its records, and void any remaining points in such Community household account.
TSR reserves the right, at any time and from time to time, for any reason, in its sole discretion, to change the terms of this Agreement. TSR will post or display changes on the Site and it may (but is not required to) also e-mail you about these changes. Once TSR posts changes on the Site, those changes become effective immediately and if you use the Site and/or continue to participate in the Community after they become effective it will signify your agreement to be bound by the changes. You should check back frequently and review This Agreement regularly, so you are aware of the most current rights and obligations that apply to you and the terms and conditions of your agreement with TSR. In the event any notice to you of new, revised or additional terms is determined by a tribunal to be insufficient, the prior agreement shall continue until sufficient notice to establish a new agreement occurs. You can reject any new, revised or Additional Terms by discontinuing use of the Site and related services.
THIS SITE, INCLUDING ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, POSTINGS OR SERVICES MADE AVAILABLE ON, OR ACCESSED THROUGH, THE SITE, ARE PROVIDED “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THE SITE WILL BE AVAILABLE FOR USE, OR THAT ALL PRODUCTS, FEATURES, FUNCTIONS OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER TSR NOR CLIENT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER IN CONNECTION WITH ANY CONTENT ON THE SITE. FURTHER, TSR AND ITS CLIENTS HEREBY DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER TSR NOR CLIENT WARRANT THAT THE TOOLS OR FUNCTIONS CONTAINED IN THE SITE OR ANY INFORMATION, CONTENT OR MATERIAL CONTAINED THEREIN, WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SYSTEMS OR THE SERVER(S) THAT SUPPORT THE SITE AND MAKE THE SITE AVAILABLE WILL BE CORRECTED, OR THAT THE SYSTEMS OR THE SERVER(S) THAT SUPPORT THE SITE AND MAKE THE WEBSITES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SITE OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
A SMALL PERCENTAGE OF COMMUNITY USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE EQUIPMENT. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE EQUIPMENT AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE COMMUNITY — DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
The headings contained in this Agreement 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.
TSR and Client reserve the right, without any limitation, to: (i) investigate any suspected breaches of its Site security or its information technology or other systems or networks, (ii) investigate any suspected breaches of this Agreement and any Additional Terms, (iii) investigate any information obtained by TSR or Client in connection with reviewing law enforcement databases or complying with criminal laws, (iv) involve and cooperate with law enforcement authorities in investigating any of the foregoing matters, (v) prosecute violators of this Agreement and any Additional Terms, and (vi) discontinue the Site, in whole or in part, or, except as may be expressly set forth in any Additional Terms, suspend or terminate your access to it, in whole or in part, including any user accounts or registrations, at any time, without notice, for any reason and without any obligation to you or any third party. Any suspension or termination will not affect your obligations to TSR and Client under this Agreement or any Additional Terms. Upon suspension or termination of your access to the Site, or upon notice from TSR or Client, all rights granted to you under this Agreement or any Additional Terms will cease immediately, and you agree that you will immediately discontinue use of the Site. The provisions of this Agreement and any Additional Terms (including the terms applicable to Content), which by their nature should survive your suspension or termination will survive, including the rights and licenses you grant to Client in this Agreement, as well as the indemnities, releases, disclaimers, and limitations on liability and the provisions regarding jurisdiction, choice of law, no class action, and mandatory arbitration.
Copyright © 2022 Touchstone Research, Inc. All rights reserved. The copyright and the material contained in this Website belong to and remain the property of TSR and its client(s).