This page contains the terms and conditions applicable to individuals, companies and entities that are registered for or intend to register for a participant account at Respondent. Please visit Researcher terms and conditions for the terms that apply to researchers.
Participant Terms and Conditions
Each time you use the Site or the Services, the then-current version of the Terms will apply. If you use the Site or the Services after a modification of these Terms, you agree to be bound by the Terms as modified.
These Terms contain important information regarding your rights with respect to the Site and the Services, including your relationship with us, and include an arbitration provision that may limit your ability to pursue claims against us in court. Please read them carefully and review them regularly.
1. Services Generally
1.1 Overview of the Services1.1 Overview of the Services
1.1 Overview of the Services1.1 Overview of the Services
The Services enable Respondent’s customers (“Researchers”) to post opportunities (“Projects”) to participate in Research Sessions and to source individuals (“Participants”) to apply to Projects. A “Research Session” is an interview, survey, testing, or other research session in which Participants provide feedback to or otherwise interact directly with Researchers outside of the Services.
1.2 Proprietary Rights
Respondent owns and retains all right, title and interest in and to: (i) the Services and all improvements, enhancements or modifications thereto; (ii) any software, applications, inventions or other technology developed in connection with the Services or support; and (iii) all intellectual property rights related to any of the foregoing. Nothing in this Agreement shall be construed as granting Participants any rights in or to the Services, other than the right to use the Services as expressly stated in these Terms. Unless otherwise noted, all Respondent content within the Services is the property of us and/or our affiliates or licensors and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions, and other intellectual property laws.
1.3 License Grant
Subject to these Terms and any other agreement between you and us, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use our Services solely in the manner enabled by us. Your license to use our Services is automatically revoked if you violate these Terms, you do not agree to the then-current version of these Terms, or we terminate these Terms or your account. From time to time, we may upgrade our Services or make improvements to our Services. You agree that these Terms will apply to any such upgrades or improvements. The foregoing license grant is not a sale of any aspect of our Services or a sale of a copy of any aspect of our Services, and we and our partners and suppliers retain all right, title and interest in our Services. We reserve all rights not expressly granted under these Terms.
We may, at any time and in our sole discretion, temporarily or permanently (i) alter, suspend, discontinue, terminate or subcontract our Services in whole or in part, at any time and for any reason, without notice, or (ii) add or remove features, including without limitation making free services into paid services and vice versa. Our Services may also periodically become unavailable due to maintenance, technical issues, or other reasons. You understand and agree that Respondent may monitor all use of the Services for security, operational, improvement and performance purposes.
1.4 Third-Party Beneficiary
Researchers are express and intended third-party beneficiaries of these Terms. To the extent that your breach or threatened breach of these Terms causes any damage or liability to any such Researcher, such Researcher shall have the right to enforce any provision of these Terms. Except as otherwise expressly provided in these Terms, there shall be no-third party beneficiaries to these Terms.
2. Use of the Services
2.1 Eligibility2.1 Eligibility
2.1 Eligibility2.1 Eligibility
If you are under 18 years old, you may not use the Services. When you use the Services, you represent that you are (i) at least the age of majority in the jurisdiction where you reside or (ii) if you have not reached the age of majority in the jurisdiction where you reside, that you have received permission to use the Services from your parent or legal guardian.
You represent that any information you submit to us when using the Services is accurate, truthful, and current. You also represent that your use of the Services does not violate any applicable law or regulation.
3. Your Obligations
3.1 Participant Information3.1 Participant Information
3.1 Participant Information3.1 Participant Information
You represent and warrant that (i) all information you provide to Respondent and/or any Researcher will be accurate and complete, (ii) you have the right to provide such information and have obtained all necessary consent where applicable, (iii) the information does not violate the rights of any other person or entity, (iv) the information does not contain the confidential or proprietary information of any other person or entity, and (v) you have no agreement with or obligations to any third party that would prohibit your use of the Services in the manner so used. You acknowledge and agree that your submission of any personal information to Respondent and/or any Researcher is voluntary and entirely at your own risk. You hereby grant to Respondent and such Researcher (as applicable) a perpetual, royalty-free, worldwide right and license to copy, display, make derivative works of and otherwise use such information to provide the Services in accordance with these Terms.
You further acknowledge that as a condition of your participation in a Research Session, the applicable Researcher may require you to agree, among other things, (a) that any and all information expressed or communicated by you during the Research Session may be freely used and disclosed by the Researcher without restriction or compensation to you (other than the incentive, if any, offered in connection with the Research Session), and (b) to assign to the Researcher all intellectual property rights in and to such information. You agree to act in a professional manner at all times in connection with your participation in a Research Session.
3.2 Prohibited Information
You agree not to submit any of the following categories of information to or through the Services, even if requested by a Researcher:
- Financial account information (e.g., bank account number, information subject to the Payment Card Industry Data Security Standard (PCI DSS));
- Government-issued identification number (e.g., Social Security number, driver’s license number, passport number);
- Online login credentials (e.g., authentication/authorization credentials, password, security question and answer);
- Biometric identifiers (e.g., genetic data, fingerprints, facial modeling data); or
- Health and genetic information subject to enhanced protection under applicable law (e.g., Protected Health Information as defined in the Health Insurance Portability and Accountability Act (HIPAA)).
If you submit any of the foregoing categories of information to the Services, it will be considered unauthorized use of the Services, and Respondent will have no responsibility or liability in connection therewith.
You agree to protect and keep confidential all information relating to Projects and Research Sessions that you participate in or that are otherwise made available to you through the Services, whether in hardcopy, electronic or oral format (“Confidential Information”). You shall not, except to the extent permitted by these Terms or expressly authorized by Respondent or the applicable Researcher in writing, use or disclose such Confidential Information. Confidential Information includes, without limitation, the identity of any Researcher affiliated with a Project or Research Session, the specific terms of or activity related to your participation in a Project or Research Session, and the feedback, information, or responses you provide or receive in connection with a Project or Research Session.
Notwithstanding the foregoing, you may disclose Confidential Information to the extent compelled by law or the order of a court or other governmental body, provided that you notify Respondent and the applicable Researcher promptly and in writing (to the extent legally permitted) and reasonably cooperate with Respondent and/or the Researcher in any lawful action to contest or limit the scope of such required disclosure.
Research Sessions may also be protected under the terms of a confidentiality agreement between you and the applicable Researcher, in which case in the event of any conflict between the terms of such agreement and this Section 3.3, the terms of such agreement shall supersede this Section 3.3.
You acknowledge that any actual or threatened breach of this Section 3.3 may cause irreparable harm to Respondent and/or a Researcher, the extent of which may be difficult to ascertain. Accordingly, you agree that, in addition to all other remedies available at law or in equity, Respondent and/or such Researcher will be entitled to seek an immediate injunction against any breach or threatened breach of this Section 3.3 without the posting of any bond and without proof of actual damages.
3.4 Usage Restrictions
You shall not, nor shall you authorize or facilitate any attempt by another person to:
- Use the Services in any manner or for any purpose other than as expressly provided in these Terms;
- Use the Services in an unlawful or fraudulent manner or for any unlawful or fraudulent purpose;
- Have an account or use any of the Services if Respondent has previously removed your account or Respondent previously banned you from accessing any of the Services;
- Accept incentive payment outside of the Services from Researchers after completing a Research Session for a Project found through the Services;
- Take any action that may unreasonably encumber the Services’ infrastructure, including actions that damage, disable, overburden, impair or interfere with any other party’s use of the Services;
- Use another person’s Respondent account, misrepresent yourself, your identity, qualifications, characteristics, or other information;
- Circumvent, remove or otherwise interfere with any security-related features of the Services;
- Access, tamper with, or use non-public areas of the Services, Respondent’s computer systems and infrastructure, or the technical delivery systems of Respondent’s providers;
- Introduce viruses, worms, time bombs, Trojan horses, malicious code, or other malware to the Services;
- Reproduce, modify, distribute, create any derivative works from, reverse-engineer, or attempt to gain unauthorized access to or attempt to discover the underlying source code or structure of the Services;
- Use any robot, spider, site search/retrieval application or other automated device, process or means to access, retrieve, scrape or index any portion of the Services;
- Resell, assign, sub-license, disclose, distribute, or otherwise transfer or make available the Services in any form, in whole or in part, to any third party;
- Remove or alter any copyright notices within the Services;
- Maintain or use any false identity, or otherwise fail to apply to a Project and/or participate in a Research Session using your real identity and accurate contact, demographic and other information;
- Submit any personal information or other information which we determine in our sole discretion to have been false, inaccurate or otherwise invalid;
- Post, upload, transmit or otherwise disseminate through the Services information that is unlawful, harmful, threatening, abusive, harassing, hateful, disparaging, defamatory, vulgar, offensive, obscene, pornographic, lewd, lascivious or otherwise objectionable, as determined by Respondent in its sole discretion;
- Post, upload, transmit or otherwise disseminate through the Services information that infringes a third party’s copyright, trademark, trade secret or other intellectual property rights;
- Post, upload, transmit or otherwise disseminate through the Services information that violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
- Harass, threaten, stalk, intentionally embarrass, invade the privacy of, or cause distress to any person, including without limitation posting personally identifying or otherwise private information about a person without their consent;
- Collect, harvest, or publish any personally identifiable information, including, but not limited to, name or other account information, from other users of the Services without their express permission;
- Use the communication systems provided by the Services for any reason not explicitly authorized by these Terms, including commercial solicitation purposes;
- Engage in unsolicited advertising, marketing, or promotion of products or services;
- Undertake any activity or engage in any conduct that is inconsistent with the business or purpose of the Services; or
- Attempt to indirectly undertake any of the foregoing.
4. Payments and Taxes
4.1 Incentives4.1 Incentives
4.1 Incentives4.1 Incentives
Researchers choose to provide an incentive to Participants (each, an “Incentive”) to complete Research Sessions in their sole discretion, but you acknowledge and agree that Respondent has no independent obligation to provide any Incentives to you in connection with your participation in a Research Session.
Respondent will facilitate distribution of Incentives to Participants through the Services. In that event, Respondent will distribute the Incentive upon the Researcher’s confirmation of your completion of the Research Session and in the form enabled by the Services (e.g., Paypal payment). Incentives are provided through the Services to Participants solely as a convenience, and Respondent is not liable to you for your failure to receive an Incentive, or failure of delivery of an Incentive due to incorrect information provided by you. Respondent may at its discretion take a percentage of Incentive distributed as a processing fee, at an amount not to exceed 5% of the Incentive or US$1.00, whichever is higher.
You acknowledge and agree that you may forfeit some or all of any Incentives offered in connection with a Research Session if (i) you violate these Terms (as determined by Respondent in its sole discretion), including without limitation Section 3 (Your Obligations), (ii) you do not satisfactorily complete the Research Session (as determined by the Researcher in its sole discretion), or (iii) you delete your account prior to Respondent distributing the Incentive.
4.2 Cancellation Fees
If a Researcher cancels a Participant after that Participant has been scheduled and does not reschedule such Participant within a reasonable period, Respondent may, but has no obligation to, charge the Researcher a cancellation fee and pay such cancellation fee to the applicable Participant. The amount and timing of any such cancellation fee shall be determined by Respondent in its sole discretion.
You are solely responsible for understanding and evaluating any potential tax liability related to Incentives paid in connection with Research Sessions and for determining any potential income reporting pursuant to the requirements of local, state, federal or other applicable law. If you are a Participant with U.S. tax obligations, you may be required to provide Respondent with W-9 information, including without limitation your Social Security Number. Where Respondent requests such information, you agree to provide it promptly. Respondent is not responsible in any way for your failure to report taxable income or remit any taxes that may be due to any taxing authority.
5.1 Platform Only5.1 Platform Only
5.1 Platform Only5.1 Platform Only
Respondent does not assume any responsibility for the accuracy or reliability of any information that Participants or Researchers submit to the Services. Respondent does not have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of any Project or Research Session, or any communication between Participants and Researchers. Participants and Researchers are independent third parties over whom Respondent has no control and for whom Respondent takes no responsibility. It is your responsibility to take all necessary precautions in your interactions with Researchers in connection with your use of the Services.
Researchers are not permitted to re-contact any Participant who previously applied for a Project unless all communication is handled through the Services, or to take any action that encourages or solicits any Participant to participate in Research Sessions without use of the Services. We encourage you to report any violations of the foregoing via email to firstname.lastname@example.org. You acknowledge and agree that your participation in any Research Session without use of the Services is entirely at your own risk.
5.2 Third Party Sites
Our Services may contain links to third-party sites, tools, and integrations which are independent of Respondent and are governed by their own terms and privacy policies. You acknowledge and agree that Respondent does not control and has no liability for such third-party sites, including their content, security, functionality, operation, or availability. These links are provided “as is” and “as available” without any warranties, representations, or conditions of any kind. In addition, a link to any third-party site does not imply that we endorse or accept any responsibility for the content or use of such site.
5.3 Warranty Disclaimer
YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES AND ALL CONTENT ON OR ACCESSIBLE FROM THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, RESPONDENT DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, AND FITNESS FOR A PARTICULAR PURPOSE. RESPONDENT DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE FROM VIRUSES, NOR DOES RESPONDENT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. YOUR USE OF OR RELIANCE UPON THE SERVICES IS AT YOUR SOLE RISK AND DISCRETION. RESPONDENT HAS NO OBLIGATION TO CORRECT ANY ERRORS OR OTHERWISE SUPPORT OR MAINTAIN THE SERVICES. RESPONDENT EXPLICITLY DISCLAIMS ANY WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THE SERVICES, THE PROJECTS, OR RESEARCH SESSIONS OFFERED ON OR THROUGH THE SERVICES AND ANY WARRANTIES RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON OR THROUGH THE SERVICES.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHERS ON OR THROUGH THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY RESEARCHERS OR THEIR SERVICE PROVIDERS. YOU UNDERSTAND THAT RESPONDENT HAS NO OBLIGATION TO VERIFY THE STATEMENTS OF RESEARCHERS ON THE SERVICES OR TO REVIEW OR VET ANY PROJECTS. RESPONDENT MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF OTHERS ON THE SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHERS ON OR THROUGH THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON. RESPONDENT EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY PARTICIPANTS, RESEARCHERS, OR THIRD PARTIES.
6. Indemnification; Liability
6.1 Indemnification6.1 Indemnification
6.1 Indemnification6.1 Indemnification
You agree to indemnify and otherwise hold harmless Respondent, its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities and all costs and expenses of defense, including without limitation fees for attorneys and other professional advisors, resulting directly or indirectly from a claim or proceeding by a third party arising out of, relating to, resulting from, or otherwise in connection with (i) your access to or use of the Services, (ii) the content you submit using the Services, (iii) your breach of these Terms or any representation, warranty, or agreement referenced in these Terms, (iv) your violation of applicable law or regulation, (v) your negligence or willful misconduct, (vi) your violation of the rights of any third party, including intellectual property right, right of publicity, confidentiality, property, or privacy, and/or (vii) any dispute or other issue stemming from your interaction with any third party in relation to the Services, including a Researcher.
Respondent reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations) and you agree to cooperate with our defense of that claim. If the defense or settlement is assumed by you, Respondent may at any time thereafter elect to take over control of the defense and settlement of the claim. You must not settle any claim that you are defending on behalf of Respondent without Respondent’s prior written consent.
This provision does not require you to indemnify Respondent for any unconscionable commercial practice by such party, or for such party’s gross negligence, fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Services.
You agree that the provisions in this section will survive any termination of your account, these Terms, or your participation in the Services.
6.2 Limitation of Liability
EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, NEGLIGENCE, OR OTHERWISE) WILL RESPONDENT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ACCIDENTS, PROPERTY DAMAGE, PERSONAL INJURY, DEATH, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, RELIANCE, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR YOUR USE OF THE SERVICES, EVEN IF INFORMED OF THEIR POSSIBILITY IN ADVANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL RESPONDENT’S AGGREGATE LIABILITY TO YOU UNDER THESE TERMS EXCEED THE GREATER OF (I) $100.00 USD OR (II) THE INCENTIVES PAID OR PAYABLE TO YOU IN THE PRECEDING SIX-MONTH PERIOD.
6.3 Release from Liability
To the fullest extent permitted by law, you agree to release Respondent, its officers, directors, employees, and agents from responsibility, liability, claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with: (i) disputes between or among Participants and/or Researchers; (ii) third-party sites and services, including without limitation content found on such sites and services; and (iii) the unauthorized access to, or unauthorized use or alteration of, any communications or information stored under or relating to your account.
Without limiting the foregoing, to the extent applicable, you hereby waive California Civil Code § 1542 and any similar statute or principle of common law. California Civil Code § 1542 provides: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
7. Arbitration and Class Action Waiver
Please read this section carefully. It contains procedures for mandatory binding arbitration and a class action waiver.
If you have a dispute with Respondent or if Respondent has a dispute with you and such dispute cannot be resolved informally, such dispute will be resolved on an individual basis in accordance with the provisions set forth below:
7.1 Initial Dispute Resolution
Notice Requirement and Informal Dispute Resolution. Before either we or you may seek arbitration, the party seeking arbitration must send the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute and the requested relief. A Notice to us should be sent to: Respondent, Inc., PO Box 4668 #57891, New York, New York, 10163. After the Notice is received, you and we may attempt to resolve the claim or dispute informally. If we do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
7.2 Arbitration Rules
Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms. The AAA Consumer Arbitration Rules (“Arbitration Rules”) governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) shall be resolved through binding non-appearance-based arbitration. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in New York, New York, unless the parties agree otherwise. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.
7.3 Additional Rules for Non-Appearance Based Arbitration
The arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.
7.4 Time Limits
If either you or we pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules for the pertinent claim.
7.5 Authority of Arbitrator
If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of the parties involved, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and these Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
7.6 Waiver of Jury Trial
THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under these terms. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and us in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND WE WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
7.7 Waiver of Class or Consolidated Actions
ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS SECTION 7 MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE PLATFORM USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER PLATFORM USER.
All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. You agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Section 7, to enforce an arbitration award, or to seek injunctive or equitable relief.
If any part or parts of this Section 7 are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.
7.10 Right to Waive
Any or all of the rights and limitations set forth in this Section 7 may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Section 7.
7.11 Survival of Agreement
This Section 7 will survive the termination of your relationship with us.
7.12 Small Claims Court
Notwithstanding the foregoing, either you or we may bring an individual action in small claims court.
7.13 Emergency Equitable Relief
Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Section 7.
7.14 Claims Not Subject to Arbitration
Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of our patent, copyright, trademark or trade secrets rights shall not be subject to this Section 7.
8. Other Terms and Conditions
8.1 Suspension or Termination8.1 Suspension or Termination
8.1 Suspension or Termination8.1 Suspension or Termination
You acknowledge that we may, in our sole and absolute discretion, at any time and for any or no reason without prior notice or liability, suspend, limit, block, or terminate your account (in whole or in part) or these Terms and the rights afforded to you hereunder with or without prior notice. Upon termination of your account, your right to use the Services will immediately cease. Furthermore, if you fail to comply with any provision of these Terms, then these Terms and any rights afforded to you hereunder will terminate automatically, without any notice or other action by us. You agree that we are not liable to you or any third party for any termination of your access to our Services.
8.2 Changes to the Terms
Except for Section 7 (providing for binding arbitration and waiver of class action rights), Respondent reserves the right, at its reasonable and sole discretion, to modify or replace these Terms at any time. You are responsible for reviewing and becoming familiar with any such modifications. Changes will be effective immediately unless otherwise provided. If we determine a revision to the Terms, in our sole discretion, is material, we will notify you as required by law. Use of or access to the Services by you after any modification to the Terms constitutes your acceptance of the Terms as modified. If you do not accept the changes, you must discontinue using and accessing the Services.
8.3 California Residents
If you are a California resident, in accordance with California Civil Code § 1789.3, you may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210. Hearing-impaired persons can reach the Complaint Assistance Unit at 1-800-735-2929 (TTY).
8.4 Non-U.S. Participants
Our Services may only be used by individuals who are 18 years of age or older and can form legally binding contracts under applicable law. If you are a parent or guardian and you discover that your child has created an unauthorized account on our Services, please email us at email@example.com regarding such unauthorized account.
9.1 Entire Agreement
These Terms contain the complete and exclusive statement of the mutual understanding of the parties and supersede all prior written and oral agreements, communications and other understandings relating to the subject matter of these Terms, other than any click-through or end user license agreement provided by us.
9.2 Waiver, Severability, Assignment
The failure of Respondent to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court of competent jurisdiction to be unenforceable, such provision will be modified and interpreted so as to best accomplish the original provision to the fullest extent permitted by law, and the remaining provisions of these Terms will remain in effect. You may not assign or delegate any rights or obligations under these Terms in whole or in part, and any such attempted assignment or delegation shall be void and without effect. Respondent may freely assign or delegate all rights and obligations under these Terms, in whole or in part.
9.3 Relationship of the Parties
No partnership, joint venture, or employment relationship is intended or created by these Terms, either with us or any other party, including any Researcher. Nothing in these Terms will constitute either party as the agent of the other party for any purpose or entitle either party to commit or bind the other party in any manner.
All notices provided by Respondent to you under these Terms may be delivered by an internationally recognized overnight courier or U.S. mail to the mailing address provided by you or by electronic mail to the email address provided by you. It is your responsibility to keep your contact information up to date. You must give notice to Respondent in writing by an internationally recognized overnight courier or U.S. mail to Respondent, Inc. PO Box 4668 #57891 New York, NY 10163 Attn: Legal Department, with a CC by electronic mail to firstname.lastname@example.org. All notices shall be deemed delivered immediately upon receipt by electronic mail or, if otherwise delivered, upon the earlier of receipt or 2 business days after being deposited in the mail or with a courier.
9.5 Governing Law
For any dispute not subject to arbitration or under the jurisdiction of a small claims court, you and Respondent agree to submit to the personal and exclusive jurisdiction of any venue in the state and federal courts in New York, New York. You further agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available. The Terms and the relationship between you and Respondent shall be governed by the laws of the State of New York without regard to conflict of law provisions.
Notwithstanding the foregoing, you or we are permitted to: (i) bring small claims actions in state court in the county in which you reside if such court has a small claims procedure; (ii) bring claims for injunctive relief in any court having jurisdiction over the parties; or (iii) seek enforcement of a judgment in any court having jurisdiction over the parties. To the extent permitted by law, you and we agree to waive trial by jury in any court proceeding.
9.6 Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
All provisions which by their nature and intent are reasonably required to survive termination or expiration based on these Terms (including without limitation confidentiality obligations, feedback, warranty disclaimers, indemnification obligations, limitations of liability, arbitration and class waiver, Section 8 (Other Terms and Conditions) and Section 9 (Miscellaneous) shall survive any expiration or termination of these Terms.
10. Contact Us
If you have any questions, comments or requests related to these Terms, please email us at email@example.com.