Terms & Conditions

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Participant Agreement
1. GENERAL RULES AND DEFINITIONS

1.1 If you choose to join the City Research Consumer Panel consumer panel (the “Service”), you will be agreeing to abide by all of the terms and conditions of this Agreement between you and City Research Solutions, LLC.

1.2 Users of the Service are responsible for their use of the Service, and City Research Solutions assumes no liability regarding any use of the Service by any user, whether registered as a subscriber or someone just browsing City Research Solutions web site who has not registered as a subscriber.

1.3 City Research Solutions may change, add or remove portions of this Agreement at any time, but if it does so, it will post such changes on the Service. IF ANY OF THESE RULES OR ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, YOU MAY CANCEL YOUR SUBSCRIPTION BY FOLLOWING THE LINKS FROM THE BOTTOM OF THE “CHANGE YOUR PROFILE” AREA OF THE CITY RESEARCH SOLUTIONS WEB SITE. (SEE “CANCELLATION OF SERVICE” IN THE FAQs FOR FURTHER DETAILS.) YOUR USE OF THE SERVICE NOW, OR YOUR CONTINUING USE OF THE SERVICE FOLLOWING ANY CHANGES IN THIS SUBSCRIBER AGREEMENT, INDICATES ACCEPTANCE OF SUCH RULES, CHANGES, OR MODIFICATIONS.

1.4 City Research Solutions may change, suspend or discontinue any aspect of the Service at any time, including the availability of any Service feature, database, or content. City Research Solutions may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.

CITY RESEARCH SOLUTIONS CONTENT

2.1 The contents of the Service are intended for your personal, noncommercial use. All materials published on or provided through the Service (including, but not limited to photographs, images, illustrations, audio clips, video clips and teacher guides, referred to in this Agreement as the “Content”) are protected by copyright, and owned or controlled by City Research Solutions, LLC, the respective authors, publishers or the party credited as the provider of the Content. You shall abide by all additional copyright notices, information, or restrictions contained in any Content accessed through the Service.

2.2 The Service and the Content are protected by copyright pursuant to U.S. and international copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in Section 2.3 of this Agreement), create new works from, distribute, perform, display, or in any way exploit, any of the Content or the Service (including software) in whole or in part.

2.3 You may download or copy the Content and other downloadable items displayed on the Service for non-commercial educational or personal use only, provided that you maintain all copyright and other notices contained therein. Copying or storing of any Content other than for this specified non-commercial educational or personal use, as well as any other use of the Content, is expressly prohibited without prior written permission from City Research Solutions and any other copyright holder identified in the copyright notice indicated for the Content. Under no circumstances may you sell, transfer, lease, rent, license or sublicense the use of the Content or any part of the Content to any party; provided, however, that if you are a teacher, you may provide your students with a copy of the Content for their personal use.

2.4 We will asking you to participate in research and surveys. In all research sessions, you agree to respect the secrecy of any Content or client ideas discussed or generated as a result of the experience and not to disclose Content to any third party. In addition, you agree that any Content or ideas that are generated as a result of your participation in this research will become the property of the sponsoring company and, if necessary, upon request you agree to execute such documents as may be necessary for the sponsoring company to obtain, maintain or exercise its ownership rights.
3. ACCESS AND AVAILABILITY OF SERVICE AND LINKS

3.1 City Research Solutions contains links to other related World Wide Web Internet sites and resources. These remote sites are operated by third parties and not by City Research Solutions. City Research Solutions provides these links to you solely as a convenience, and the inclusion of any link does not imply endorsement by City Research Solutions of the remote site or its Affiliates, or any materials contained within. Such sites are not under the control of City Research Solutions, and City Research Solutions is not responsible for the availability, accuracy, or any information, content, products or services accessible from such sites. You should direct any concerns regarding any external link to the site administrator or Webmaster of such site.

4. REPRESENTATIONS AND WARRANTIES

4.1 You represent, warrant and covenant (a) that no materials of any kind submitted through your account will (i) violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or (ii) contain libelous or otherwise unlawful material; and (b) that you are at least eighteen years old. You hereby indemnify, defend and hold harmless City Research Solutions, LLC, and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) from and against any and all liability and costs, including, without limitation, reasonable attorneys’ fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you or any user of your account of this Agreement or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any such claim. City Research Solutions reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

4.2 City Research Solutions does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through the Service by City Research Solutions, LLC, any user, information provider or any other person or entity. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk.

4.3 EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SERVICE (INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, FEE-BASED SERVICES, MATERIALS AND INFORMATION MADE AVAILABLE THEREON OR ACCESSED BY MEANS THEREOF) IS PROVIDED “AS IS,” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY, OR NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, CITY RESEARCH SOLUTIONS AND THE AFFILIATES MAKE NO WARRANTIES AND SHALL NOT BE LIABLE FOR THE USE OF THE SERVICE UNDER ANY CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE BY CITY RESEARCH SOLUTIONS. CITY RESEARCH SOLUTIONS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICE OR THE FEE-BASED SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICE OR FEE-BASED SERVICES WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY, OR THAT THE SERVICE, INCLUDING FORUMS OR THE SERVER(S) ON WHICH THE SERVICE IS OPERATED, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

4.4 USE OF THE SERVICE IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, COMMUNICATIONS, CONTENT, OR OTHER MATERIAL (INCLUDING WITHOUT LIMITATION SOFTWARE) ACCESSED THROUGH OR OBTAINED BY MEANS OF THE SERVICE. UNDER NO CIRCUMSTANCES SHALL CITY RESEARCH SOLUTIONS OR ITS AFFILIATES, OR ANY PROVIDER OF TELECOMMUNICATIONS OR NETWORK SERVICES FOR CITY RESEARCH SOLUTIONS OR THE AFFILIATES, BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SERVICE OR FEE-BASED SERVICES, EVEN IF CITY RESEARCH SOLUTIONS, THE AFFILIATES, OR THEIR PROVIDERS OF TELECOMMUNICATIONS OR NETWORK SERVICES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY SUCH LIMITED REMEDY. THE TOTAL LIABILITY OF CITY RESEARCH SOLUTIONS AND THE AFFILIATES HEREUNDER IS LIMITED TO THE AMOUNT, IF ANY, ACTUALLY PAID BY YOU FOR ACCESS AND USE OF THE FEE-BASED SERVICES. YOU HEREBY RELEASE CITY RESEARCH SOLUTIONS AND THE AFFILIATES FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, BUT YOU AGREE THAT SUCH LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW.

5. REGISTRATION AND SECURITY

5.1 As part of the registration process, you will select a password and use your email address as your unique subscriber ID. You also have to give City Research Solutions certain registration information, all of which must be accurate and updated. (a) You may not (i) select or use a subscriber ID of another person with the intent to impersonate that person; (ii) use a subscriber ID in which another person has rights without such person’s authorization; or (iii) use a subscriber ID that City Research Solutions, in its sole discretion, deems offensive. Failure to comply with the foregoing shall constitute a breach of this Agreement, which may result in immediate termination of your account. (b) You shall be responsible for maintaining the confidentiality of your password, which you will not have to reveal to any representative or agent of City Research Solutions.

5.2 You shall notify help@cityresearchsolutions.com of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password.

5.3 You must be 18 years or older to subscribe to the Service and to provide us with any personal information; and, persons over the age of 18 may use the Service. Thus, you may share your password and subscriber ID with others, subject to Section 5.4.

5.4 You are responsible for all usage or activity on your City Research Solutions account, including use of the account by any third party authorized by you to use your subscriber ID and password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at City Research Solutions sole discretion, and City Research Solutions may refer you to appropriate law enforcement agencies.

6. FEES AND PAYMENTS

6.1 City Research Solutions reserves the right at any time to charge fees for access to portions of the Service or the Service as a whole. However, in no event will you be charged for access to the Service unless we obtain your prior agreement to pay such charges. Thus, if at any time City Research Solutions requires a fee for portions of the Service that are now free, City Research Solutions will give you advance notice of such fees and the opportunity to cancel the account before such charges are imposed. All new fees, if any, will be posted in the FAQs section and in other appropriate locations on the Service. You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including, but not limited to charges for any products or services offered for sale through the Service by City Research Solutions or by any other vendor or service provider. All fees and charges shall be billed to and paid for by you. You shall pay all applicable taxes relating to use of the Service through your account.

7. COMMUNICATIONS BETWEEN CITY RESEARCH SOLUTIONS and SUBSCRIBERS

7.1 City Research Solutions’ policy is to refrain from supplying Registration Data to third parties. However, City Research Solutions reserves the rights to (i) use and disclose the Registration Data to generate and distribute demographic reports (including reports on usage patterns of subscribers) and marketing statistics, provided that City Research Solutions will not reveal the identity of any user of the Services; and (ii) disclose any Registration Data or other information in its possession, regarding users of the Service in cooperation with any law, regulation, or governmental or agency request. For more information, see our Privacy Policy.

7.2 City Research Solutions reserves the right to send electronic mail to you for the purpose of informing you of changes or additions to the Service.

8. SOFTWARE LICENSES

8.1 You shall have no rights to the proprietary software and related documentation, or any enhancements or modifications thereto, provided to you in order to access the Service (“Access Software”). This includes any software that you downloaded from a link on the City Research Solutions site. You may not sublicense, assign or transfer any licenses granted by City Research Solutions, and any attempt at such sublicense, assignment or transfer shall be null and void. You may not copy, distribute, modify, reverse engineer, or create derivative works from Access Software.

9. CANCELLATION OF SERVICES

9.1 You may terminate your account at any time, which makes your user name, password, and customized communications inactive. To cancel your subscription, follow the links from the bottom of the “Change Your Profile” page. Upon confirmation of your desire to terminate your account, you will receive an automated confirmation via e-mail that the request was received, and your access will be suspended within 48 hours. You are responsible for all charges, if any, incurred up to the time the account is deactivated.

9.2 City Research Solutions may, in its sole discretion, terminate or suspend your access to all or part of the Service for any reason, including, without limitation, breach or assignment of this Agreement.

10. MISCELLANEOUS

10.1 This Agreement has been made in and shall be construed and enforced in accordance with Wisconsin law. Any action to enforce this agreement shall be brought exclusively in the federal or state courts located in Madison, Wisconsin. You consent to the personal jurisdiction of such courts.

10.2 Notwithstanding any of the foregoing, nothing in this Subscriber Agreement will serve to preempt the terms and conditions of the City Research Solutions Privacy Policy.

10.3 Official correspondence must be sent mail to:

City Research Solutions
1 Parker Place, Suite 105
Janesville, WI 53545

10.4 You agree to report any copyright violations of the Subscriber Agreement to City Research Solutions as soon as you become aware of them. In the event you have a claim of copyright infringement with respect to material that is contained in the City Research Solutions service, please notify City Research Solutions.

Copyright 2011 City Research Solutions LLC. All rights reserved.

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