Avid Insight ("Avid Insight") is located in the United States, in the state of New HampshireIllinois. By accessing any of the Sites you acknowledge and agree that the Sites, and this Agreement, will be construed and evaluated according to the laws of the United States. If you use any of the Sites from other locations you are responsible for compliance with any and all applicable local laws. If you are providing personally identifiable information and are not a resident of the United States, your country's laws governing data collection and use may differ from those in the United States. In particular, the U.S. may not provide the same level of protections as those in your own country. By providing information to Avid Insight, you are transferring your personal data to the United States, and you consent to that transfer and to the processing of your data in the United States.
The Site and any other services Avid Insight provides on the Site, including survey research services, are referred to in this Agreement collectively as the "Services." Please read this Agreement carefully. Avid Insight is willing to make the Services available to you only if you accept and abide by the terms of this Agreement. By accessing this Site or using the Services in any way, including, without limitation, browsing this Site, using any information, and/or submitting information to Avid Insight, you agree to be bound by the terms, conditions, policies and notices contained in this Agreement, including, but not limited to, conducting this transaction electronically, disclaimers or warranties, damage and remedy exclusions and limitations, and a choice of New Hampshire law.
From time to time we may update the Services and this Agreement. Your use of the Services after we post any changes to this Agreement constitutes your agreement to those changes. You agree to review this Agreement periodically to ensure that you are familiar with the most recent version. Avid Insight may, in its sole discretion, and at any time, discontinue the Services or any part thereof, with or without notice, or may prevent your use of the Services with or without notice to you. You agree that you do not have any rights in the Services and that Avid Insight will have no liability to you if the Services are discontinued or your ability to access the Services or any content you may have posted on the Services is terminated.
SITE ELIGIBILITY AND REGISTRATION
The Services at the majority of our Sites may be used only by persons 18 years of age or older. Use of the Services is void where prohibited. By accessing or using the Services, you represent and warrant that you meet their associated eligibility requirements and are fully able and competent to enter into, and abide by, the terms of this Agreement.
FEES FOR THE SERVICE
There is no fee to participate in the Services. Avid Insight may, in its sole discretion, elect to charge fees for participating in the Services, or to use or access any other Services, at any time. If it does, it will update this Agreement to reflect such fees.
NON-USE AND NONDISCLOSURE
Information and content made available to you in the Services may contain trade secrets or other confidential or proprietary information of Avid Insight and/or Avid Insight's clients or other third parties with whom Avid Insight has developed a relationship. You must hold in strict confidence and not disclose to any other person any information and content that you access or learn in connection with your participation in any survey, project, questionnaire, or other market research activity related to the Services. You must not use any such information or content for any purpose other than your participation in the Services in accordance with this Agreement. You hereby agree to notify Avid Insight immediately if you learn of or suspect any use or disclosure of, or access to, any such information or content other than as specifically authorized in this Agreement.
You may provide information to Avid Insight in connection with your participation in market research or otherwise in connection with the Services, including providing survey responses, ideas, feedback, or other information or content , or participating in online communities ("User Content"). By providing any User Content, you represent and warrant that you have the lawful right to provide it, and that it is accurate and complete. You further agree to the following:
- You must at all times comply with all applicable laws, rules, regulations, and orders, and not cause Avid Insight to violate any laws, rules, regulations, or orders.
- You agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Services; (b) maintain the security of your password and login credentials; and (c) maintain and promptly update the information you provide during registration, and any other information you provide to Avid Insight, so as to keep it accurate, current and complete.
- You agree to participate in good faith and to the best of your ability in any market research activities in which you participate in connection with the Services. You will not provide false or misleading data, including without limitation, survey responses that are inconsistent with prior responses or statistically improbable.
- You agree not to provide any User Content or otherwise make any use of the Site or Service that:
- is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, false, inaccurate, misleading, fraudulent, or impersonates or misrepresents an affiliation with any person or entity;
- would violate an obligation of confidentiality or the rights of any person or entity, or that would otherwise create liability or violate any local, state, national, or international law;
- infringes any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any person or entity, or impersonates a third party or falsely implies that you are employed by or otherwise authorized by Avid Insight;
- contains or collects any private information of any person or entity, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, and credit card numbers;
- contains any viruses, corrupted data or other harmful, disruptive, or destructive files or information;
- contains any advertising or promotional materials, including without limitation, "junk mail," "surveys," "spam," "chain letters," "pyramid schemes," or any other form of solicitation or unauthorized communication;
- or in the sole judgment of Avid Insight, is objectionable, does not reflect your good faith efforts to be responsive to survey or market research questions, or which may expose Avid Insight or its licensors, suppliers, or clients to liability of any type.
You further understand and agree that you have no ownership rights in materials you submit to us, to any account you may have with us, or other access to the Services or features therein. Avid Insight may cancel your account and delete all User Content associated with your account at any time, and without notice, if Avid Insight deems that you have violated this Agreement, the law, or for any other reason. Avid Insight assumes no liability for any information removed from the Services, and reserves the right to permanently restrict access to the Services or a user account.
LICENSE GRANT TO USER CONTENT
By displaying, publishing, or otherwise posting any User Content on or through the Services, you hereby grant to Avid Insight a perpetual, non-exclusive, sub-licensable, worldwide, fully-paid, royalty free license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content in any and all media now known or hereinafter developed without the requirement to make payment to you or to any third party or the need to seek any third party permission. This license includes the right to host, index, cache, distribute, and tag any User Content, as well as the right to sublicense User Content to third parties, including other users, for use on other media or platforms known or hereinafter developed, such as for use on mobile phones, in video or music software computer programs. You continue to retain all ownership rights in your User Content, and you continue to have the right to use your User Content in any way you choose, subject to this Agreement and the license described herein. You represent and warrant that you own the content submitted, displayed, published or posted by you on the Services and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of any content you submit, and our use thereof does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity.
COPYRIGHT, TRADEMARKS, AND LIMITED LICENSE
The Services and all content and other materials contained on or within the Services, including, without limitation, all information, content, designs, text, graphics, information, data, software, surveys, music, trademarks, product or service names, logos, slogans, other files, and the selection and arrangement thereof (collectively, the "Avid Insight Content"), are the proprietary property of Avid Insight , its suppliers, licensors, and clients, and are protected in the U.S. and internationally under trademark, copyright, and other intellectual property laws. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by Avid Insight.
You agree not to download, display or use any Avid Insight Content located on the Services for use in any publications, in public performances, on websites other than the Services for any commercial purpose, in connection with products or services that are not those of Avid Insight, in any manner that is likely to cause confusion among consumers, that disparages or discredits Avid Insight and/or its licensors, that dilutes the strength of Avid Insight's or its licensor's property, or that otherwise infringes Avid Insight's or its licensor's intellectual property rights. You further agree to in no other way misuse any Avid Insight Content or Third Party Content that appears on the Services.
If you are a trademark or copyright owner and you believe that your trademark or copyright rights have been violated, please email firstname.lastname@example.org.
DISCLAIMER OF WARRANTIES
YOUR USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, IS AT YOUR SOLE RISK. THE SERVICES AND ALL CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Avid Insight, ITS AFFILIATES, LICENSORS, SUPPLIERS, AND CLIENTS, AND THEIR RESPECTIVE MEMBERS, DIRECTORS, OFFICERS, AGENTS, AND EMPLOYEES (COLLECTIVELY, THE "PROVIDERS") EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. NEITHER Avid Insight NOR ANY OTHER PROVIDERS WARRANT UNINTERRUPTED USE, OPERATION, OR AVAILABILITY OF THE SERVICES OR ANY CONTENT, OR THAT ANY SUBMISSION OR TRANSACTION REQUEST YOU ATTEMPT USING THE SERVICES WILL BE SUCCESSFUL, UNCORRUPTED, OR COMPLETED WITHIN A REASONABLE AMOUNT OF TIME. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DELAY OR LOSS OF ANY KIND THAT RESULTS FROM YOUR ACCESS TO, OR USE OF, THE SERVICES AND THE CONTENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AVID INSIGHT OR ANY OTHER PROVIDER THROUGH OR FROM THE SERVICES, WILL CREATE ANY WARRANTY REGARDING THE SERVICES THAT IS NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL EITHER AVID INSIGHT OR ANY OTHER PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF AVID INSIGHT OR ANY OTHER PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICES OR ANY CONTENT. NOR SHALL AVID INSIGHT BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND AVID INSIGHT'S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS SITE'S RECORDS, PROGRAMS, OR SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
EACH PROVISION OF THIS AGREEMENT THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, original or creative materials, or other information or content provided by you to Avid Insight, to the extent it is not User Content, will become the sole property of Avid Insight. Avid Insight will own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of such information and content for any purpose, commercial or otherwise, without acknowledgment or compensation to you. Further, you hereby grant to Avid Insight a perpetual and irrevocable license to use such information and content for any purpose.
You and Avid Insight are independent contractors for all purposes. No agency, partnership, joint venture, employee-employer, or franchisor-franchisee relationship is intended or created by this Agreement or by your access to or use of the Services.
Notwithstanding any term of this Agreement, Avid Insight reserves the right, without notice and in its sole discretion, to discontinue or terminate any of the Services, including disabling this Site, to terminate your license to use the Services, and to restrict, block, limit, and prevent your access to and use of the Services or the Site. Any termination or other action by Avid Insight described in this paragraph will not limit any other remedies Avid Insight may have against you at law or equity.
By providing your email address when accessing or using the Services, you consent to receiving electronic communications from Avid Insight. These communications may include notices about your account and information concerning or related to the Services. You agree that any notices, agreements, disclosures, or other communications that Avid Insight sends to you electronically will satisfy any legal communication requirements, including any requirement that communications be in writing. To manage your receipt of email from Avid Insight, email us at email@example.com from the email address you'd like to manage.
Avid Insight's failure to act in a particular circumstance does not waive its ability to act with respect to that circumstance or similar circumstances. Any provision of this Agreement that is found to be invalid, unlawful, or unenforceable will be severed from this Agreement, and the remaining provisions of this Agreement will continue to be in full force and effect. The section headings and titles in this Agreement are for convenience only and have no legal or contractual effect. Any provisions in this Agreement that by their nature should survive the termination of this Agreement (including, without limitation, provisions governing indemnification, limitations on liability, disclaimers of warranty, and ownership of intellectual property) will continue to remain in full force and effect after the termination of this Agreement.
If any provision of this Agreement shall be unlawful, void or for any reason, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
The failure of Avid Insight to comply with the Agreement because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state or local governmental authorities or for any other reason beyond the reasonable control of Avid Insight, shall not be deemed a breach of this Agreement.
This Agreement is governed by the laws of the State of New Hampshire, USA, excluding conflicts of law principles. Any controversy or claim arising out of or relating to the Services or this Agreement must be commenced within one year after the claim arises.
This Agreement, including all terms, policies, and guidelines referenced in this Agreement, is the entire agreement between you and Avid Insight concerning the Services. This Agreement supersedes all prior agreements or communications between you and Avid Insight regarding the subject matter of this Agreement.