Effective Date: December 23, 2021
1. AGREEMENT TO TERMS FOR USE OF WEBSITE
Please read these terms fully as they contain an agreement to arbitrate all claims between us, limitation on damages and no class action participation.
2. SPONSORED CONTENT
While we keep you advised of the latest news and opinions in the field, we also promote Sponsored Content in the form of search, email, or display marketing. The products and services promoted do not belong to us. We receive compensation from providing the sponsors. We may also send out surveys which are undertaken both to keep eye on what news and articles are of interest to our readers, but also as part of our market research to provide you with promotions which may be of interest to you and to remove promotions which you do not indicate an interest in. This allows us to better understand your interests and conform both our news and our marketing to your interests.
3. INTELLECTUAL PROPERTY RIGHTS
All articles, opinions, surveys and other content on our Website is owned and copyrighted or provided through a license by us with all rights reserved. Third party trademarks, logos or service marks are owned by the respective owners. Our use of third-party trademarks, logos or service marks does not imply that we recommend such products or services, but rather that they are clients of ours. Your use of any content, without our written permission is strictly prohibited. As a user of the Website, we grant you a non-exclusive, non-transferable, non-commercial, revocable and limited license to access and use the survey, Website and the content posted thereon for your own personal, non-commercial use in accordance with these TOU.
We respect to intellectual property rights. If you believe your intellectual property rights were violated, please contact us. Upon proper notice, we will remove User Content or other applicable content that violates copyright law and we will terminate accounts of repeat infringers.
If you believe your work has been reposted in a way that constitutes copyright infringement, please send us a notification of claimed infringement with all of the following information:
- identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
- identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Site;
- information reasonably sufficient to permit allow us to contact you, such as an address, telephone number, and an email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
- your physical or electronic signature.
Send your DMCA notice to: [email protected]
GDPR and EU Citizens. We are no longer accepting any Personal Information or other data from EU Citizens and have deleted all Personal Information we could identify as belonging to an EU citizen. If you are an EU Citizen and want your information deleted, please contact us.
5. DISCLAIMER OF WARRANTIES
6. EXCLUSION OF LIABILITY
YOUR PARTICIPATION IN OR USE OF OUR SURVEY OR WEBSITE IS AT YOUR OWN RISK. NEITHER WE, NOR ANY OF OUR AFFILIATES, PARENT COMPANIES, OWNERS, SUBSIDIARIES, AFFILIATES, OFFICERS OR DIRECTORS, NOR ANY OF ITS AGENTS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SURVEY OR WEBSITE, ARE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEBSITE OR CONTENT WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
7. LINKS TO THIRD PARTY WEBSITES
The Website may contain links to promotions or websites owned or operated by parties other than us. These links are provided for your convenience only. We do not control, and are not responsible for, the content or privacy policies on, or the security of, such links or websites and disclaim any responsibility relating to such websites. Neither do we endorse the content, or any products or services available, on such websites.
8. DISPUTE RESOLUTION.
Binding Arbitration. You and we each agree that any and all disputes or claims that have arisen or may arise between you and us relating in any way to or arising out of this TOU or Website shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court, if your claims qualify. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate section (this “Agreement to Arbitrate”).
Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AND WE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND US AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OUR OTHER USERS.
Except for “Prohibition of Class and Representative Actions and Non-Individualized Relief”, if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. If an arbitrator or court decides that any of the provisions in Section 8 of this TOU is invalid or unenforceable, then the entirety of this Agreement to Arbitrate shall be null and void. The remainder of the Agreement and its Legal Disputes Section will continue to apply and that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Delaware.
THESE TERMS PROVIDE THAT ALL DISPUTES BETWEEN US WILL BE RESOLVED BY BINDING ARBITRATION. YOU GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT A JUDGE OR JURY.
9. WAIVER AND SEVERABILITY OF TERMS.
The failure by us to exercise or enforce any right or provision of this TOU shall not constitute a waiver of such right or provision. If any provision of this TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect.
10. ENTIRE AGREEMENT.
This TOU constitutes the entire agreement between you and us and governs your use of our survey and Website superseding any prior agreements. If any part of this TOU is determined unenforceable pursuant to applicable law, then the invalid and unenforceable provision will be deemed superseded by a valid and enforceable provision that most closely matches the intent of the original provision and the remainder of this TOU shall remain in effect.
11. CHANGES TO THE TERMS
We may revise this TOU at any time in the future to (i) improve or modify the Website or any services provided thereon or through, (ii) reflect future developments in our data information gathering, storing and release practices, (iii) comply with applicable laws, and (iv) changes in our business structure. We will post the most updated TOU on this page without further notice to you. Accordingly, you should review this TOU each time you enter our Website or participate in our survey. Your continued participation in the Survey or use of the Website shall evidence your acceptance of any changes. All changes shall be implemented and enforced from the date of posting forward.
16. ELECTRONIC COMMUNICATIONS.
When you visit our Website or send email to us, you are communicating with us electronically. You consent to receive communications from us electronically. Although we may choose to communicate with you by regular mail, we may also choose to communicate with you by email or by posting notices. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
CONTACT US AT: [email protected]