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HARRIS INTERACTIVE TERMS OF USE
Harris Poll Online Terms of Use
By participating in the Harris Poll Online program, you represent that you are eligible to
participate and agree to be bound by the terms and conditions set forth below.
1. Eligibility for Membership
This
service is open to individuals who are 18 years of age and older or to minors
who are 13 years of age and older in the U.S. and Canada and 14 years of age or
older in all other countries. If you do not qualify, please do not use our
services. Harris may refuse services to anyone at any time, in its sole
discretion. Our registration site, and some surveys, may require you to
accept a cookie from us as a means of ensuring data integrity. No personal
data will be stored in the cookie.
2. Limitations of membership, Non-Transferability
Membership
is limited to one per individual. Multiple individual entries across multiple email accounts are prohibited and
subject to immediate cancellation, and will render void all HIpoints or any cash
incentives due. Harris Poll Online membership
is specific to the one individual with a unique e-mail address, and to the
individual who registered and completed the demographic and other profile
information sections. HIpoints and any other rewards are awarded to individual
members and are not transferable. HIpoints are not considered to be property and
therefore cannot be sold, transferred, or assigned to another member or
individual under any circumstances.
3. Honest and Accurate Disclosures
You,
as a member of Harris Poll Online, agree to provide true and accurate
information during the registration process, while filling out demographic
profile information and other general details, and while answering survey
research questionnaires. If you provide any information that is untrue,
inaccurate or not current to Harris or one of its agents, or if Harris or
one of it agents has reasonable grounds to suspect such information is untrue,
inaccurate or not current, Harris has the right to terminate your membership and
refuse any and all current or future access to, or use of the Harris Poll Online
site, including the immediate forfeiture of any HIpoints and other rewards or
prizes.
4.
Notification of Changes in Personal & Other Information
You agree as a member to promptly notify Harris
of any changes in personal and other information including but not limited to
name, mailing address, phone number, e-mail address, and demographic information
by updating such information on the Harris Poll Online website.
5. Zero Tolerance of Abuse or Fraud
Members agree to abide by
and not abuse their benefits and privileges as Harris Poll Online members. Such
abuses include, but are not limited to attempts to earn HIpoints or redeem
HIpoints in any manner that conflicts with the intent of these terms or
conditions, or the terms and conditions of the HIpoints program http://points.ugive.com/terms.m?co_id=4147088368&u=&lang=en
. Other examples include any fraudulent methods for earning points or other
incentives, redeeming or purchasing points, tampering with surveys or links.
6. Suspension
Without limiting any other
remedies, Harris may suspend or terminate your account if you fail to abide by
the terms and conditions set forth herein.
7. Notification of Unauthorized Use
You agree to maintain your
password and other information confidential to prevent unauthorized use of your
account. It's also your responsibility to notify us of any improper uses of your
account. Members are solely responsible for any loss of points or other
fraudulent activities associated with sharing your password.
8. Breach
We may immediately issue a
warning, temporarily suspend, indefinitely suspend or terminate your membership,
if you breach this Agreement or if we are unable to verify or authenticate any
information you provide to us.
9. Privacy
Our privacy policy, www.harrisinteractive.com/about/privacy.asp
is incorporated herein by reference.
10. Respondent Confidentiality
By becoming a member of Harris Poll Online, you agree that you will hold in strict confidence and not
disclose to any other parties information learned in connection with any survey,
project, questionnaire or other market research activity related to Harris Poll
Online. You agree you will use the information contained in any survey, project
or questionnaire strictly for the purpose of discussing and providing market
research related data to Harris or its agents. You shall notify the SurveyHelp
Desk www.harrispollonline.com/members.asp
should you discover any loss or unauthorized disclosure of the information. The
kind of information you may learn in connection with a survey, project or
questionnaire includes trade secrets, proprietary information, media content,
unique techniques, sketches, drawings, works of authorship, models, inventions,
know-how, research, experimental work, development, design details and
specifications, sales and merchandising plans and other information provided
relating to third parties.
11. Membership Cancellation
Membership is voluntary and may be terminated at will. There is no obligation or requirement to remain a
member of Harris Poll Online. You may terminate your membership, by logging in
and going through the 'Unsubscribe' process, clicking on and completing the
remove-me link at the end of each e-mail survey invitation, or by contacting us
directly (see Contact Us). Any accrued HIpoints or other pending rewards are
forfeited the moment you cancel your membership with Harris Poll Online.
12. Disclaimer of Warranties
Harris Poll Online members
expressly agree the use of the site and the HIpoints program is at your own
risk. Harris Poll Online services including the HIpoints program, and all other
services in connection with Harris Poll Online. All services provided on a
strictly "as is" and "as available" basis. Harris disclaims
any and all express and implied warranties, including, but not limited to, the
implied warranties of merchantability, fitness for a particular purpose and
non-infringement. Harris makes no warranty with regard to any products, services
or rewards obtained through HIpoints and/or Harris Poll Online’s agents that
HIpoints will meet member requirements. Nor does Harris Poll Online make any
warranty as to the results or values that may be obtained from the use of
HIpoints or as to the accuracy, efficiency, or reliability of any information
obtained by Harris. Harris shall not be liable or responsible for any
guarantees, warranties, and representations, if any, offered by Harris Poll
Online partners, suppliers of services, or manufacturers of
products/merchandise. No advice or information, whether oral or written,
obtained by you from Harris shall constitute or create any warranty not
expressly made herein.
13. Limitation of Liability
Harris Interactive Inc.
(“Harris”) shall in no event be liable for the loss of profits, goodwill or
other special or consequential damages suffered by the members of Harris Poll
Online, clients, or others as a result of Harris’ performance or
non-performance under this agreement whether or not the possibility of such
damages was disclosed to Harris or could have been reasonably foreseen by Harris
Harris is neither
responsible nor liable for any damages, whether direct, indirect, incidental,
special or consequential, or losses that result from participation in the
surveys offered to Harris Poll Online members, or the HIpoints program, or
reliance on or use of information, services, or merchandise provided on or
through HIpoints except where such liability is mandated by law.
OUR LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS
LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS
PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. Some
states/countries do not allow the limitation of liability, so the foregoing
limitation may not apply to you.
You further acknowledge that
Harris neither endorses the contents of advertisements or partner websites, nor
assumes responsibility or liability for the accuracy of material contained
therein, or any infringement of third party intellectual property rights arising
there from, or any fraud or other crime facilitated thereby.
14. Indemnification
You accept all responsibility for, and hereby indemnify and hold harmless Harris, its
representatives, officers, agents, directors and employees from and against, any
actions taken by any user authorized to use your account, including but not
limited to responses to surveys offered, accumulation of HIpoints, redemption of
HIpoints, and disclosure of passwords to third parties. You further agree to
indemnify and hold Harris, its representatives, officers, agents, directors and
employees harmless from any claim, demand, expense or damage, including
reasonable attorneys' fees relating to use of Harris Poll Online, HIpoints and
intentional or negligent abuse or violation of this agreement.
15. Intellectual Property Rights
The names, logos, icons, and graphics used on this website in connection with or identifying the products or
services of Harris Poll Online, any other content or material embodying or
consisting of patentable or copyrightable work on the Harris Poll Online site
are proprietary marks of Harris. All other trademarks and or copyrights
appearing on the Harris Poll Online site are the property of their respective
owners, and unless otherwise stated, are not affiliated.
The content of Harris Poll
Online and its website is intended for the personal, noncommercial employment of
its users, and you agree not to sell, license, rent, modify, distribute, copy,
reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or
create derivative works from such materials or content, including Harris
intellectual property.
16. General Compliance with Laws
You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of Harris Poll Online.
17. No Agency
You and Harris Poll Online
are independent contractors, and no agency, partnership, joint venture,
employee-employer or franchisor-franchisee relationship is intended or created
by this Agreement.
18. Notices
Except as explicitly stated
otherwise, any notices shall be given by email to surveyhelp@harrispollonline.com(in
the case of Harris Poll Online) or to the email address you provide to Harris
Poll Online during the registration process (in your case), or such other
address as the party shall specify. Notice shall be deemed given 24 hours after
email is sent, unless the sending party is notified that the email address is
invalid. Alternatively, we may give you notice by certified mail, postage
prepaid and return receipt requested, to the address provided to Harris Poll
Online during the survey process. In such case, notice shall be deemed given 3
days after the date of mailing.
19. Arbitration
Any controversy or claim
arising out of or relating to this Agreement shall be settled by binding
arbitration in accordance with the commercial arbitration rules of the American
Arbitration Association. Any such controversy or claim shall be arbitrated on an
individual basis, and shall not be consolidated in any arbitration with any
claim or controversy of any other party. The arbitration shall be conducted in
Monroe County, New York, and judgment on the arbitration award may be entered
into any court having jurisdiction thereof. Either you or Harris may seek any
interim or preliminary relief from a court of competent jurisdiction in Monroe
County, New York necessary to protect the rights or property of you or Harris
pending the completion of arbitration.
20. General
This Agreement shall be
governed in all respects by the laws of the State of New York without giving
effect to that state’s provisions regarding conflicts of laws.. We do not
guarantee continuous, uninterrupted or secure access to our services, and
operation of our site may be interfered with by numerous factors outside of our
control. If any provision of this Agreement is held to be invalid or
unenforceable, such provision shall be struck and the remaining provisions shall
be enforced. Headings are for reference purposes only and in no way define,
limit, construe or describe the scope or extent of such section. Our failure to
act with respect to a breach by you or others does not waive our right to act
with respect to subsequent or similar breaches. If
you do not agree with these terms and conditions, or any future modifications to
these terms and conditions, your sole and exclusive recourse is to cancel your
Harris Poll Online account. This Agreement sets forth the entire
understanding and agreement between us with respect to the subject matter
hereof.
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