1. ACCEPTANCE OF TERMS
HCD Research, Inc. (HCD Research) would like to welcome you to the HCDSurveys web site. HCD Research provides the services of the HCDSurveys web site to you subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: http://www.hcdsurveys.com/termsofservice.cfm. In addition, when using particular HCDSurveys services, you shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.
2. DESCRIPTION OF SERVICE
HCD Research, owner of HCDsurveys.com, is a marketing and communications research company that was founded in 1991. HCD Research focuses solely on providing traditional and e-based marketing and communications research services.
HCD Research provides users with access to a number of resources, including various communications tools, results of public opinion and communication research data as well as other content and programming through its web-based portal, known or hereafter developed (the "Service"). You also understand and agree that the Service may include advertisements and that these advertisements are necessary for HCD Research to provide the Service. You also understand and agree that the Service may include certain communications from HCD Research, such as service announcements, administrative messages and the HCD Research Newsletter, and that these communications are considered part of HCD Research web site membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new feature that augments or enhances the current Service, including the release of new HCD Research services, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that HCD Research assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. If in addition, you must provide and are responsible for all equipment necessary to access the Service.
Please be aware that certain portions of the HCDSurveys web site may from time to time contain medical or healthcare related content that although not intending to be offensive in any way may not be suitable for very young audiences. Responsibility for the use of Internet resources rests with young people’s parents or legal guardians. Parents are encouraged to work closely with and supervise their children to ensure that children’s use of Internet resources is consistent with their family’s values. We are requiring that those who register to use the Services portion of the HCDSurveys web site be at least 18 years of age.
Participation in surveys hosted by HCDsurveys.com is limited to individuals who reside in the United States and who are 13 years old or older. In addition, eligibility will vary from study to study and will be based on specific requirements set forth by our clients. Please note that the age requirement to register for the Services of this web site is 18 (see section 4 below).
4. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or HCD Research has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, HCD Research has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). HCD Research is concerned about the safety and privacy of all its users. Persons under the age of 18 may not register to use the Services. When you register and create an account for HCD Research’s Services, you certify that you are at least 18 years old.
5. PARTICIPATION PROCESS
HCDsurveys.com will send an invitation to participate in a survey currently being conducted. You may accept or decline an invitation to participate in a survey and may only participate one time per survey. Surveys are conducted for the benefit of HCD Research and its clients who have requested market research for a particular product or service or group of products and/or services within a particular demographic segment or segments of the population. Due to the fact that clients often focus on specific demographic groups, all registrants will not be invited to participate in every survey and not all who respond to a survey invitation will be qualified to participate in each survey.
Those who agree to participate in a survey for which they have received an invitation may access the survey by clicking on the link provided in the email invitation. The respondent will then be sent to a series of screening questions designed to ensure that a representative sample of the target population, as predetermined by the client, are included in the survey. The number of screening questions asked prior to the start of each survey will be limited in number but will vary by survey. Unless a particular survey has already received a sufficient number of responses or has otherwise been closed, those respondents that answer all of the screening questions and meet all of the client requirements for the survey will be able to proceed into the survey either immediately or when the survey is ready. Those who qualify and complete the survey and whose completed survey results are validated by HCDsurveys.com will be entitled to receive incentives as further outlined in the "Payment" section of these Terms and Conditions.
HCDsurvey.com offers incentives, such as money, to participants in exchange for completed and validated surveys. The incentive(s) earned for each completed survey will vary based upon the nature and length of the survey.
HCDsurveys.com does not guarantee payment if a person receives an invitation to participate in a survey and the survey closes before the aforementioned person is able to enter and/or complete the survey. Likewise, HCDsurveys.com does not guarantee payment to persons who only partially complete a survey.
8. HONESTY AND INTEGRITY
In order to provide HCD and our clients with quality survey results, it is important that the integrity of the data is upheld. Therefore, the honesty of our survey responders is very important. By participating in our surveys, you agree to provide honest and accurate data during the survey registration process as well as all associated surveys. If you provide inaccurate or false information, HCD Research reserves the right to decline payment of the incentive, honoraria or other reward associated with a survey if, at its sole discretion, the Company determines that the responses to the survey are rushed and /or indicate that you have failed to provide honest and considered responses to survey questions, thus invalidating your answers.
9. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not HCD Research, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. HCD Research does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will HCD Research and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You agree to not use the Service to:
You acknowledge that HCD Research may or may not pre-screen Content, but that HCD Research and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, HCD Research and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by or submitted to HCD Research, Inc.
You acknowledge, consent and agree that HCD Research may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of HCD Research, Inc. and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by HCD Research and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
You agree to not upload, post, email, transmit or otherwise make available any content (such as media, graphics, video, audio, and other content shown on HCDsurveys.com) that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements). You also agree not to upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party.
10. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
11. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
12. MODIFICATIONS TO SERVICE
HCD Research reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that HCD Research and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that HCD Research may, under certain circumstances and without prior notice, immediately terminate your account and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) you have engaged in fraudulent or illegal activities. Termination of your account includes (a) removal of access to all offerings within the Service (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring further use of the Service. Further, you agree that all terminations for cause shall be made in HCD Research's sole discretion and that HCD Research, Inc. and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees shall not be liable to you or any third-party for any termination of your account, any associated email address, or access to the Service.
14. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that HCD Research and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
15. HCD RESEARCH'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by HCD Research or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
HCD Research grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by HCD Research for use in accessing the Service.
16. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
17. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT HCD RESEARCH, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, CO-BRANDERS OR OTHER PARTNERS, AND EMPLOYEES, SHALL NOT BE LIABLE TO YOU 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 HCD RESEARCH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
18. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.
19. NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS, there shall be no third party beneficiaries to this Agreement.
HCD Research may provide you with notices, including those regarding changes to the TOS, by email, regular mail, or postings on the Service. Such notices may be labeled or indicate the domain of HCD Research as the sender.
21. TRADEMARK INFORMATION
The HCD Research trademarks and service marks and other product and service names are trademarks of HCD Research. (the "HCD Research Marks"). Without HCD Research's prior permission, you agree not to display or use in any manner, the HCD Research Marks.
22. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
HCD Research respects the intellectual property of others, and we ask our users to do the same. HCD Research may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide HCD Research’s Copyright Agent the following information:
HCD Research’s Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
c/o HCD Research Inc.
260 U.S. Highway 202/ State 31, Suite 1000
By phone: (908) 788-9393
By fax: (908) 788-7179
By email: email@example.com
23. GENERAL INFORMATION
Entire Agreement. The TOS constitutes the entire agreement between you and Research and governs your use of the Service, superseding any prior agreements between you and HCD Research with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other HCDSurveys services, HCD Research services, affiliate services, third-party content, or third-party software.
Choice of Law and Forum. The TOS and the relationship between you and HCD Research shall be governed by the laws of the State of New Jersey without regard to its conflict of law provisions. You and HCD Research agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Hunterdon, New Jersey.
Waiver and Severability of Terms. The failure of HCD Research to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your account is non-transferable and any rights to your I.D. or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
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 use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
Please report any violations of the TOS to firstname.lastname@example.org.