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Member Terms of Participation |
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| Welcome to the Consumer Say Panel™, a service of Lightspeed Online Research, Inc. We are glad that you have decided to participate in our project, and we look forward to your involvement with our panel (the "Service"). Before you begin participating in the Service, please take a moment to review these Terms of Participation ("Terms"). These Terms are an agreement between you and Lightspeed Online Research, Inc. ("Lightspeed Online Research" or "LOR"). It is important that you understand these Terms prior to participating in the Service. |
| YOUR ACCESS TO AND USE OF THE SERVICE IS SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS AND ALL APPLICABLE LAWS. BY ACCESSING OR USING ANY PART OF THE SERVICE, YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS AND CONDITIONS, YOU MAY NOT USE ANY PORTION OF THE SERVICE. |
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Acceptance of Terms |
| When you indicate that you accept these Terms via the LOR Web site or otherwise clearly indicate your consent to an LOR representative, you agree to these Terms. If you do not accept these Terms, you will not be entitled to participate in the Service. These Terms may be updated from time to time. You can review the most current version of these Terms at any time at: http://www.consumersay.com/rules/membership_terms.html. Your continued participation constitutes acceptance of the changes and an agreement to be bound by this agreement, as amended. If you do not agree to the changes, you agree to discontinue your participation in the Service. |
| The Service is not directed to children under the age of eighteen and children under the age of eighteen are not permitted to register for the Service. Any attempt by children under the age of eighteen to register for the Service will be void. |
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Use Of The Service |
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A.Service Limitations.We will try very hard to make your experience with LOR a productive one. However, we cannot always foresee or anticipate technical or other difficulties. These difficulties may result in loss of data, personalization settings, or other service interruptions. For this reason, you agree that the Service is provided "AS-IS", without warranties of any kind. LOR does not assume responsibility for the timeliness, deletion, mis-delivery, or failure to store any user data, communications, or personalization settings.
B. Service Changes and Discontinuation. LOR reserves the right to change, or discontinue, temporarily or permanently, the Service at any time without notice. You agree that LOR will not be liable to you or any third party for any modification or discontinuance of the Service.
C.Privacy Policy.LOR respects your privacy. The information you provide enables us to provide our data products. It also enables us to give you updates about our Service. The complete terms of the LOR Privacy Policy are part of this agreement, so you should read it. To view the LOR Privacy Policy, go to www.consumersaypanel.com.
D.Cancellation.You may cancel your LOR membership at any time by sending a request for cancellation to LOR at support@consumersay.com. Upon confirmation of your request, your registration will be cancelled and all of your registration information will be deleted. Please keep in mind that extended periods of inactivity may also result in your registration being cancelled.
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Rules Of The Road |
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For the benefit and security of our users, and to comply with applicable laws, we have a few requirements that we call "Rules of the Road." Any conduct that violates the Rules of the Road is grounds for termination of your registration, so we ask that you carefully read and follow them.
A.Provide Accurate Information. You agree to provide true, accurate, current, and complete information, as requested in LOR's registration process, and you agree to not misrepresent your identity or your registration information. You agree to keep your registration information up-to-date and accurate.
B. Guard Your Password. You will choose a password when registering. Please maintain the confidentiality of your password. Please notify LOR immediately of any unauthorized use of your password. LOR will not be liable for any loss that you may incur as a result of someone else using your password, either with or without your knowledge. You may not use anyone else's password at any time.
C. Restrictions. You agree not to use the Service for illegal purposes or for the transmission of material that is unlawful, harassing, libelous (untrue and damaging to others), invasive of another's privacy, abusive, threatening, or obscene, or that infringes on the personal or proprietary rights of others.
D. Proprietary Rights. You acknowledge and agree that LOR and/or its licensors own all rights to this Service, its content, the surveys you may participate in, and any published materials whether printed or on a Web site. You may use this content only as expressly authorized by the Service. You may not copy, reproduce, distribute, or create derivative works from this content. Further, you agree not to reverse engineer or reverse compile any of LOR's, and/or its licensors' technology.
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Rights You Grant To Lightspeed Online Research |
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A. Content You Provide. You are licensing to LOR any information, data, passwords, materials, or other content you provide through or to LOR and the Service, as well as any data you authorize LOR to collect from third parties under Section 5 below (collectively, "Content"). LOR may use, modify, display, distribute, and create new material using such Content in any manner, at LOR's sole discretion. LOR may license such new material or Content to others. LOR may also obtain your credit report information from time to time for anonymous use in research reports. By submitting Content, you automatically agree, or promise that the owner of such Content has expressly agreed that, without any particular time limit, and without the payment of any fees, LOR may use the Content for the purposes set out above.
B. User Name and Password Privacy. LOR employees (other than those directly responsible for the Service) do not have access to your user names and passwords. Furthermore, no LOR employee (other than those directly responsible for the Service) can view or retrieve your LOR password.
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Third-Party Accounts |
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By participating in the Service, you authorize LOR to access records of your spending and savings in your personal accounts, including but not limited to your credit card and bank accounts, using LOR's secure, computerized system, and authorize your third-party account providers to provide us with such information. Where applicable, you also authorize LOR to record your Web-surfing behavior. You agree that LOR assumes no responsibility and shall incur no liability with respect to the acts, omissions, or determinations of any such third-party account providers.
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Other Important Legal Matters |
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A. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE AND ALL INFORMATION, PRODUCTS, AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESIBLE FROM THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED AS IS, AS AVAILABLE AND WITH ALL FAULTS. TO THE FULLEST EXTENT PERMISSIBLE BY THE LAW, LIGHTSPEED ONLINE RESEARCH EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND AS TO THE SERVICE AND ALL INFORMATION, PRODUCTS, AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. LIGHTSPEED ONLINE RESEARCH MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (iv) ANY ERRORS IN THE TECHNOLOGY WILL BE CORRECTED. TO THE EXTENT THAT ANY PART OF THIS SECTION IS NOT CONSISTENT WITH ANY OTHER PART OF THESE TERMS, OR ANY MATERIAL AVAILABLE THROUGH OR ON OUR WEB SITE, THEN THIS SECTION WILL CONTROL.
YOU AGREE THAT NEITHER LIGHTSPEED ONLINE RESEARCH NOR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, ACCOUNT PROVIDERS, SUBCONTRACTORS, LICENSORS, LICENSEES, OR ANY OF THEIR AFFILIATES WILL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF LIGHTSPEED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE, OR ANY OTHER MATTER RELATING TO THE SERVICE.
Some states do not allow limitations on how long an implied warranty lasts, and some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to you.
B. MANDATORY ARBITRATION TO RESOLVE DISPUTES. PLEASE READ THIS CAREFULLY. THIS MEANS THAT YOU AND WE WILL ARBITRATE OUR DISPUTES ARISING FROM OR RELATING TO THIS AGREEMENT OR THE PROVISION OF PRODUCTS OR SERVICES BY US TO YOU. ALL CLAIMS SHALL BE SUBMITTED TO FINAL, BINDING ARBITRATION BEFORE THE AMERICAN ARBITRATION ASSOCIATION ("AAA"). BEFORE INSTITUTING ARBITRATION, YOU AGREE TO PROVIDE US WITH AN OPPORTUNITY TO RESOLVE YOUR CLAIM BY SENDING A WRITTEN DESCRIPTION OF YOUR CLAIM TO US AT support@consumersay.com AND NEGOTIATING WITH US IN GOOD FAITH REGARDING YOUR CLAIM. IF WE ARE NOT ABLE TO RESOLVE YOUR CLAIM WITHIN 30 DAYS OF RECEIPT OF YOUR NOTICE, THEN YOU OR WE, INSTEAD OF SUING IN COURT, MAY INITIATE ARBITRATION PROCEEDINGS WITH THE AAA. ARBITRATION WILL BE CONDUCTED UNDER THE AAA'S RULES AND PROCEDURES, WHICH ARE AVAILABLE AT WWW.ADR.ORG. YOU AND WE AGREE TO PAY OUR OWN FEES, COSTS, AND EXPENSES, INCLUDING THOSE FOR ANY ATTORNEYS, EXPERTS AND WITNESSES.
C. Class AcTion Waiver/JURY TRIAL WAIVER. YOU AND WE MAY ONLY BRING CLAIMS AGAINST EACH OTHER IN AN INDIVIDUAL CAPACITY AND NOT AS A CLASS REPRESENTATIVE OR A CLASS MEMBER IN A CLASS OR REPRESENTATIVE ACTION. YOU AND WE WAIVE ANY RIGHT TO JURY TRIAL INVOLVING ANY CLAIMS OR DISPUTES BETWEEN YOU AND US.
D. THIRD-PARTY PRODUCTS AND SERVICES. LOR reminds you to be cautious when browsing on the Internet and to use good judgment and discretion when making purchases, obtaining information, or transmitting information. When using our Web site, users may visit or be directed to sites containing information or material that may be offensive or inappropriate to some people. We encourage you when you leave our Web site to read the privacy statements of each and every website you visit. LOR makes no effort to review the content of these sites, nor is LOR responsible for the validity, legality, copyright compliance, or decency of the content contained in these sites. In addition, LOR does not endorse or control the content of any other user and is not responsible or liable for any content, even though it could be unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable, or that it infringes or may infringe upon the intellectual property or other rights of another. You acknowledge that LOR does not pre-screen content, but that LOR and its designees will have the right (but not the obligation) in their sole discretion to refuse, edit, move, or remove any content that is available from a link on the Service's Web site.
E. BUSINESS TRANSFERS. We may in the future enter into transactions through which the Company, or one of our businesses to which the LOR relates, is sold, or substantially all of the assets of the Company, or of one of our businesses to which the LOR relates, are sold. If so, an interest in your personally identifiable information may be among the assets sold or transferred, or we may also license information about you in connection with any such transaction. Any such recipient of such information would have the rights and obligations we do with respect to such information.
F. OTHER. This agreement cannot be changed or any of LOR's rights waived unless LOR agrees in writing or you continue using the Service following receipt of notice of any changes proposed by LOR. This agreement is personal to you and you may not assign it to anyone. All notices to you shall be in writing and shall be made either via email or conventional mail, at LOR's discretion. LOR may broadcast notices or messages through the Service to inform you of changes to these Terms, the Service, or other matters of importance; such broadcasts shall constitute notice to you. All notices to LOR must be made in writing to our address below or by email to support@consumersay.com. If any provision of these Terms is held to be unenforceable, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. The laws of the state and federal courts of the Commonwealth of Massachusetts govern the interpretation and performance of this agreement. You waive any objections to the exclusive personal jurisdiction and venue of such courts. These Terms and the LOR Privacy Policy, each as in effect from time to time, are the entire understanding between you and LOR about the Service.
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Privacy Policy