Updated on April 2, 2017
Subject to your acceptance and compliance with these Terms, e-Research-Global.com grants you a non-exclusive, non-transferable, limited right to access, use and display the Website and the materials thereon for your personal use only, except as otherwise provided in these Terms. You shall not interfere or attempt to interfere with the operation of the Website in any way through any means or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or the means expressly prohibited by these Terms. Except as expressly provided herein or otherwise allowed by e-Research-Global.com, you may not use the Website for any commercial purpose.
Additional terms and conditions may apply to your use of any products and services offered through this Website. Please review all such terms and conditions before you use any of our products and services.
You are not required to register in order to access the Website. However, in order to create surveys, purchase online survey samples, and use certain other features and services of the Website, you will have to register and create a unique, password-protected account (“Account”). You agree to: (a) provide true, accurate, current, and complete information as prompted by the registration form; and (b) maintain and update such information to keep it true, accurate, current, and complete at all times. We reserve the right to delete your Account without warning if you are found to have misrepresented your age or any of the registration information submitted. You are responsible for maintaining the confidentiality of your password and email address. You agree to (a) immediately notify us of any unauthorized use of your password or account, or any other breach of security, and (b) ensure that you exit from your account at the end of each session. You will be solely responsible for safeguarding your password and also for any actions under your password and Account, whether authorized by you or not. Respondents to a survey created by you and conducted through the Website, which have been provided by you through an email account or otherwise, are not required to register with the Website in order to participate in your survey. However, to become a member of one of our survey samples, you must register with the Website and create an Account. Multiple accounts held by the same individual or entity are subject to immediate termination unless expressly authorized in writing by e-Research-Global.com Inc (including by electronic mail).
Pricing Policy and Payment
The price for sample respondents and other products and services will be as stated on the Website. Prices stated do not include applicable sales taxes, government fees and/or any other required taxes. Charges for survey respondents are based on survey finishes, which are defined in the survey script you create on the Website. You are responsible for all charges associated with your use of the Website, as notified in your account, and you agree to pay all such charges, including any applicable taxes, at the rates effective at the time they are incurred. E-Research-Global.com Inc. may change pricing for survey respondents and fees for other services at any time and in its sole discretion. Any such pricing changes will be effective upon the posting of new prices on the Website.
The Website utilizes credits for the purchase of survey respondents from e-Research-Global.com, its affiliates and partners (the “Credits”). Credits may be purchased from the Website (within the Client membership portion of the Website) at any time and may be applied to select respondents for any survey. Credits are consumed from your account when the survey respondent you have selected finishes a survey as directed by your survey script. Credits may be purchased with PayPal.com, Payza.com, VISA, MasterCard, AMEX, or with an approved check or money order by mail. The price of each Credit will be the price specified on the Website for such Credit at the time of your purchase. The number of Credits required to select respondents may vary dependent upon numerous factors but will be displayed to you prior to your selection of such survey respondent(s).
Within two weeks of the generation of a survey response, you may dispute or contest such response through the process described on the Website. e-Research-Global.com Inc .reserves the right to evaluate and approve or reject disputed responses and may credit your account for any respondents which are deemed to be invalid by e-Research-Global.com Inc. By using the Website, you explicitly agree that e-Research-Global.com Inc.’s decision on any disputed survey response is final and binding.
Upon your presentation of credit card information for any purchase made through the Website, you represent and warrant that you are the cardholder of such credit card, or an authorized agent of the cardholder, and the billing information you provide in connection with such purchase is accurate. By purchasing a product or service through the Website, you authorize e-Research-Global.com Inc.to charge the presented credit card for the total amount of such purchase.
Ownership of Website Content
You acknowledge and agree that the Website uses and contains proprietary and confidential technology and information owned by or licensed to e-Research-Global.com Inc., which is protected by applicable intellectual property and other laws and international treaties. Except for the User Content (as defined below), the content displayed on or through the Website, including without limitation all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (collectively, the “Website Content”) is copyrighted by e-Research-Global.com and its licensors under United States and international copyright laws. The Website Content may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without the prior written permission of e-Research-Global.com Inc. You must abide by all copyright notices, information, or restrictions contained in or attached to any Website Content. e-Research-Global.com Inc., the e-Research-Global.com logo, as well as, certain other of the words and logos displayed on the Website, which constitute trademarks, trade names, or service marks (“Marks”) of e-Research-Global.com Inc. or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with e-Research-Global.com or those other entities.
The Website Content, including these Terms, may be changed at the sole discretion of e-Research-Global.com Inc. and without notice. You shall be bound by any such updates or changes, so you should periodically review these Terms. If any modification is not acceptable to you, your sole remedy and recourse is to discontinue use of the Website.
Acceptable Use Policy
User Content, Survey Data and Licenses
The Website may allow you to upload, post, publish, display or make available any information, data, text, software, music, sound, photographs, graphics, video, messages, tags or other materials, whether created by or for you, whether made available in connection with a survey or otherwise (“User Content”). Subject to the licenses you are granting hereunder, you retain all right, title and interest, including without limitation all worldwide intellectual property rights, in and to your User Content. We shall not acquire any right, title or interest in the User Content, except as provided herein. All User Content, including, without limitation, survey information, data, text and responses, created, uploaded, posted, published, displayed or made available in a survey created by you using the Website and its services shall be referred to herein as “Your Survey Data.” All other User Content provided by you with respect to the Website (such as comments posted in a community forum) shall be referred to herein as “Your Submissions.” Finally, all User Content, including, without limitation, survey information, data, text and responses created, uploaded, posted, published, displayed or made available in a survey created by another user of the Website and its services shall be referred to herein as “Survey Data.” You are the owner of, and will retain all right, title and interest, including, without limitation, all worldwide intellectual property rights, in Your Survey Data. However, you hereby grant e-Research-Global.com Inc. a limited license to store, host, index and cache Your Survey Data on your behalf. You may download Your Survey Data or ask e-Research-Global.com Inc. to delete Your Survey Data at any time.
With respect to Your Submissions, you hereby grant e-Research-Global.com Inc. a worldwide, perpetual, royalty-free, irrevocable, non-exclusive, sub-licensable and transferable right and license to use, reproduce, store, host, index, cache, distribute (through multiple tiers), publicly perform, publicly display, (each of the foregoing in any form, medium or technology now known or later developed), modify and adapt including without limitation the right to adapt for streaming, downloading, broadcasting, distribution, publicly displaying, publicly performing (each of the foregoing in any form, medium or technology now known or later developed), create derivative works from, and exercise all aforesaid rights with respect to such derivative works, and otherwise exploit in any manner, Your Submissions or any part thereof. You hereby expressly waive any and all so-called moral rights you may have in Your Submissions.
We may provide blogs, instant messaging and the like for posting user feedback, comments or other input, including but not limited to, on the Website. You understand and acknowledge that, subject and pursuant to the licenses set forth hereunder, we may display Your Submissions on the Website and use them for other marketing and business activities. In addition, we may in our sole discretion decide not to use Your Submissions, delete them from the Website, and even Your Submissions for both content and format. You hereby expressly waive any and all so-called moral rights you may have in your feedback, comments or other input.
You hereby represent and warrant to e-Research-Global.com Inc. that: (i) you have all the requisite power and authority, corporate or otherwise, to agree to these Terms, conduct yourself and your business and to execute, deliver, and perform all of your obligations under these Terms; (ii) you are the owner – or the authorized agent of the owner – of Your Submissions and Your Survey Data; (iii) you have the right to grant the licenses granted under these Terms; (iv) your performance under these Terms and/or the rights granted herein do not and will not conflict with or result in a breach or violation of any of the terms or provisions, or constitute a default under any contract or agreement, to which you are currently bound or will become bound in the future; (v) your performance under these Terms will comply with all applicable laws, rules and regulations (including, without limitation, export control, privacy and obscenity laws), domestic or foreign.
User Content Acknowledgements and Agreements
You hereby acknowledge and agree that: (i) all User Content, whether publicly posted or privately transmitted (e.g., in a survey), is the sole responsibility of the person from whom such User Content originated; (ii) you, and not e-Research-Global.com Inc., are responsible for all User Content you make available through your use of the Website and its services or through the use of your Account, whether or not authorized by you; (iii) by using the Website or its services, you may be exposed to User Content that is unlawful, threatening, abusive, offensive, obscene, vulgar, harmful or otherwise objectionable; (iv) e-Research-Global.com Inc does not control User Content, Your Survey Data, Survey Data, the action of a respondent to a survey or other users of the Website and/or its services and does not guaranty the accuracy, integrity or quality of User Content and Your Survey Data; (v) e-Research-Global.com Inc. may review User Content and Your Submission and may block, terminate or remove User Content and Your Submission if e-Research-Global.com Inc.determines, in its sole discretion, that such content does not comply with the requirements of these Terms or the policies of e-Research-Global.com Inc., but e-Research-Global.com is not obligated to do so.
It is e-Research-Global.com Inc.’s policy to comply with the Digital Millennium Copyright Act (“DMCA”). In accordance with the DMCA, e-Research-Global.com shall: (i) block access to, or remove material that it believes in good faith infringes copyright of a third party; and (ii) remove and discontinue service to repeat infringers.
If you believe that any User Content or Website Content infringes one or more of your copyrights, please immediately notify e-Research-Global.com Inc by means of a mailed notice (“Infringement Notice”) providing the information described below to the address listed below. If e-Research-Global.com Inc. takes action in response to an Infringement Notice, it will make a good faith attempt to contact the party that made such content available by means of the most recent email address, if any, provided by such party to e-Research-Global.com Inc.. Please be advised that you may be held liable for damages based on certain material misrepresentations contained in an Infringement Notice. Thus, if you are not sure that any User Content or Website Content infringes your copyright, you should consider first contacting an attorney.
All Infringement Notices should include the following (see 17 U.S.C 512(c)(3) for further detail):
- A signature, electronic or physical, of the copyright owner or a person authorized to act on their behalf;
- An identification of the copyright claimed to have been infringed;
- A description of the nature and location of the content that you claim to infringe your copyright, in sufficient detail to permit e-Research-Global.com Inc. to find and positively identify that content;
- Your name, address, telephone number and email address; and
- A statement by you: (i) that you believe in good faith that the use of the content that you claim to infringe your copyright is not authorized by law, or by the copyright owner or such owner’s agent; and, (ii) under penalty of perjury, that all of the information contained in your Infringement Notice is accurate, and that you are either the copyright owner or a person authorized to act on their behalf.
Infringement Notices should be sent to the following:
1527 Kalaniwai Place
Honolulu, Hawaii 96821
If you receive a notice from us advising that we have received an Infringement Notice with respect to any of your User Content, you may send us a counter notice to challenge the Infringement Notice. To be effective, the counter notice must be a written communication provided to our designated agent that includes substantially the following (please consult your legal counsel or see 17 U.S.C. Section 512(g)(3) to confirm these requirements):
- A physical or electronic signature of the subscriber.
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
- A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
- The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
You agree to defend, indemnify and hold harmless e-Research-Global.com Inc., its contractors and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website and its services, including, but not limited to, your use of or reliance on any information (including survey results) obtained through the Website, any unauthorized use of your Account, your violation of any representation or warranty contained in these Terms or your contravention of any applicable law.
YOUR USE OF THE WEBSITE IS AT YOUR SOLE DISCRETION AND RISK. THE WEBSITE, ITS FEATURES AND SERVICES AND THE WEBSITE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND. E-RESEARCH-GLOBAL.COM INC. AND ITS LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE WEBSITE AND WEBSITE CONTENT, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COURSE OF DEALING OR COURSE OF PERFORMANCE. E-RESEARCH-GLOBAL.COM INC. AND ITS LICENSORS EXPRESSLY DISCLAIM ANY WARRANTIES: (I) REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE WEBSITE AND THE WEBSITE CONTENT; (II) REGARDING THE GOODS, SERVICES, ADVICE, INFORMATION OR LINKS PROVIDED BY ANY THIRD PARTY; (III) THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS; OR (IV) THAT THE WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM E-RESEARCH-GLOBAL.COM INC. OR FROM YOUR USE OF THE WEBSITE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. USER FURTHER ACKNOWLEDGES AND AGREES THAT USER, AND NOT E-RESEARCH-GLOBAL.COM INC., IS RESPONSIBLE FOR EVALUATING THE ACCURACY, RELIABILITY, AUTHENTICITY, COMPLETENESS AND USEFULNESS OF ANY INFORMATION OBTAINED THROUGH THE USE OF THE WEBSITE OR ITS SERVICES.
Limitation of Liability
IN NO EVENT WILL E-RESEARCH-GLOBAL.COM INC., ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS OR LICENSORS BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, REGARDLESS OF THE BASIS OR NATURE OF THE CLAIM, RESULTING FROM ANY USE OF THE WEBSITE, USER CONTENT, YOUR SURVEY DATA, SURVEY DATA OR THE WEBSITE CONTENT, OR OF ANY HYPERLINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA OR OTHERWISE, EVEN IF E-RESEARCH-GLOBAL.COM INC., ITS CONTRACTORS OR ITS LICENSORS WERE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACKNOWLEDGE THAT THE LIMITATIONS SET FORTH ABOVE ARE AN ESSENTIAL BASIS OF THE BARGAIN AND OF THE ALLOCATION OF RISKS BETWEEN THE PARTIES. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
IF YOU ARE DISSATISFIED WITH THE WEBSITE OR ITS SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE WEBSITE AND ITS SERVICES.
NOTWITHSTANDING THE FOREGOING, IN THE EVENT THAT E-RESEARCH-GLOBAL.COM INC., ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS OR LICENSORS IS HELD LIABLE TO YOU WITH RESPECT TO YOUR USE OF THE WEBSITE OR ITS SERVICES FOR ANY AMOUNT UNDER ANY THEORY OF RECOVERY WHATSOEVER, E-RESEARCH-GLOBAL.COM INC.’S TOTAL LIABILITY FOR SUCH AMOUNT SHALL NOT EXCEED THE AMOUNTS ACTUALLY RECEIVED BY E-RESEARCH-GLOBA.COM INC. FROM YOU IN CONNECTION WITH YOUR USE OF THE WEBSITE AND ITS SERVICES.
Your Warranty Disclaimer and Limitation of Liability Acknowledgment
YOU HEREBY ACKNOWLEDGE AND AGREE THAT WITHOUT THE FOREGOING WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY, E-RESEARCH-GLOBAL.COM INC WOULD NOT BE ABLE TO OFFER THE WEBSITE OR ITS SERVICES, AND THAT THE FOREGOING DISCLAIMERS AND LIMITATIONS SHALL APPLY EVEN IF THEY WOULD CAUSE YOUR REMEDIES TO FAIL THEIR ESSENTIAL PURPOSE.
Third Party Websites
e-Research-Global.com Inc. has not reviewed, and cannot review, any of the material, including computer software, made available through the websites to which the Website links, and that link to the Website. E-Research-Global.com Inc. does not have any control over those non-e-Research-Global.com Inc. websites, and is not responsible for their contents or their use. By linking to a non-e-Research-Global.com Inc. website, e-Research-Gobal.com Inc. does not represent or imply that it endorses such website. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses and other harmful or destructive content. E-Research-Global.com Inc. disclaims any responsibility for any harm resulting from your use of non-e-Research-Global.com Inc. websites.
These Terms shall be governed by and construed in accordance with the laws of the State of California, excluding its conflicts of laws principles. The United Nations Convention on Contracts for the International Sale of Products is excluded and does not apply to these Terms. If any dispute relating in any way to these Terms or the policies or your use of the Website shall be submitted to confidential arbitration in Honolulu, Hawaii, USA, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of Hawaii, USA and you consent to exclusive jurisdiction and venue in such courts. Arbitration under these Terms shall be conducted by JAMS, Inc. (formerly Judicial Arbitration & Mediation Services, Inc.) under the rules and regulations then prevailing under JAMS, Inc. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms shall be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise. The failure to require performance of any provision shall not affect our right to require performance at any time thereafter, nor shall a waiver of any breach or default of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself. If any portion of these Terms is found to be unenforceable, such portion will be modified to reflect the parties’ intention and only to the extent necessary to make it enforceable, and the remaining provisions of these Terms will remain in full force and effect. These Terms constitute the entire and exclusive understanding and agreement between you and us regarding this subject matter, and supersedes any and all prior or contemporaneous agreements or understandings, written and oral.