Harris Interactive Inc. (together with its affiliates and subsidiaries, “Harris”) reserves the right to modify the TOU at any time and from time to time, and each such modification shall be effective upon posting on the HRN. Your continued use of the HRN following any such modification constitutes your agreement to be bound by and your acceptance of the TOU as so modified. Therefore, it is important that you review the TOU regularly. If you do not agree to be bound by the TOU and to abide by all applicable laws, then you must discontinue your use of the HRN immediately.
The HRN 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 the HRN. Harris may refuse to permit you to become a Member or use the HRN at any time, in its sole discretion. The registration site, and some surveys, projects, questionnaires and other activities 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. Without limiting any other remedies, Harris may suspend or terminate your use of the HRN if you fail to abide by the TOU.
2. Limitations of Membership, Non-Transferability
While some areas of the HRN site and the content therein are available to Visitors, other areas and content may be restricted to use by Members. You may register only once as a Member with the HRN. HRN 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. Multiple individual entries across multiple email accounts are prohibited and subject to immediate cancellation, and will render void all HIpoints or any other points, incentives, prizes and rewards (collectively, “Rewards”) due. HIpoints and Rewards are awarded to individual Members and are not transferable. HIpoints and Rewards 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; Zero Tolerance of Abuse or Fraud
To the extent applicable, you agree to provide true and accurate information during the registration process, while filling out demographic profile information and other general details, and while participating in any survey, project, questionnaire or other activity on the HRN. If any such information that you provide is untrue, inaccurate or not current, or if Harris or one of its agents has reasonable grounds to suspect such information is untrue, inaccurate or not current, Harris has the right to terminate your membership in the HRN and refuse any and all current or future access to, or use of the HRN, including the immediate forfeiture of your HIpoints and/or Rewards. Further, you shall not attempt to earn or redeem HIpoints or Rewards in any manner that conflicts with the intent of the TOU, or the terms and conditions of the HIpoints program, or otherwise attempt to fraudulently earn or redeem HIpoints or Rewards, or tamper with surveys or links.
Harris shall have the right, but not the obligation, in its sole discretion, to pre-screen, refuse, reject, move, or delete any comment, opinion, site feedback or other information or material that is posted to, or submitted via, the HRN by Users (“User Content”), including, without limitation, commercial communications (such as spam), advertisements, affiliate links, and other forms of unauthorized data collection or solicitation. You agree not to (i) collect any User Content, or otherwise access the HRN, using automated means (such as harvesting bots, robots, spiders, or scrapers); (ii) frame portions of the HRN site within another website or alter the appearance of the HRN site; (iii) manipulate the results of any survey, project, questionnaire or other activity on the HRN or in the context of any activity engaged in as a consequence of being a User; (iv) upload viruses or other malicious code; (v) bully, intimidate, or harass anyone; or (vi) post any User Content that is hateful, threatening, misleading, malicious, discriminatory, or pornographic, that contains nudity or graphic or gratuitous violence, or that infringes or violates someone else’s rights or otherwise violates the law. Harris reserves the right to take appropriate legal action, including, without limitation, referral to law enforcement, in the event of any illegal or unauthorized use of the HRN.
4. Member Information
If you are a Member, you agree to promptly notify Harris of any changes in your 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 HRN site. Further, you agree to keep confidential your password and other membership information in order to prevent unauthorized use of your account. It is also your responsibility to notify us of any improper uses of your account. Members are solely responsible for any loss of HIpoints and/or Rewards or other fraudulent activities associated with sharing passwords.
5. Intellectual Proprietary Rights
The HRN may contain software, files, images, photos, video, sounds, musical works, works of authorship, applications, and other materials proprietary to Harris, including, without limitation, The Harris Poll® releases ("Harris Content"), all of which are protected by copyright, trademark, trade secret and other laws. Harris owns and retains all rights in and to the HRN, the Harris Content and the User Content.
The HRN also may contain software, files, images, photos, video, sounds, musical works, works of authorship, applications, and other materials of third party licensors (“Licensor Content”). Licensor Content is protected by copyright, trademark, trade secret and other laws, and each third party licensor owns and retains all rights in its Licensor Content.
You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, or create derivative works from any User Content, Harris Content or Licensor Content (collectively, “Content”).
The names, logos, icons, and graphics identifying Harris, the HRN, and Harris’ products and services are proprietary marks of Harris. All other trademarks and or copyrights appearing on the HRN site are the property of their respective owners, and unless otherwise stated, are not affiliated.
6. Modifications to the HRN
Harris reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the HRN (or any part thereof) with or without notice. You agree that Harris shall not be liable to you or to any third party for any modification, suspension or discontinuance of the HRN.
By becoming a Member, 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 that you participate in, unless such survey, project, questionnaire or other market research activity is accessible in a public forum on the HRN. You agree to use such information strictly for the purpose of discussing and providing market research related data to Harris or its agents. You shall notify the SurveyHelp Desk at www.harrispollonline.com/members.asp should you discover any loss or unauthorized disclosure of such information.
9. Membership Cancellation
Membership is voluntary and may be terminated at will. There is no obligation or requirement to remain a Member. 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 the HRN.
THE HRN IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. HARRIS AND ITS OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HARRIS OR THROUGH OR FROM THE HRN SHALL CREATE ANY WARRANTY.
Neither Harris nor its officers, employees, agents, partners or licensors make any warranty that (i) the HRN will meet your requirements; (ii) the HRN will be uninterrupted, timely, secure, error-free or free of viruses or other harmful components; (iii) the results that may be obtained from your use of the HRN will be accurate or reliable; (iv) the quality of any products, services, rewards, information or other material obtained by you through the HRN will meet your expectations; or (v) any errors in the Software will be corrected.
Any material downloaded or otherwise obtained through the use of the HRN is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
You agree that Harris shall not be responsible for the accuracy, completeness, currentness, or usefulness of the Content. You acknowledge that your reliance on and use of the HRN and/or the Content, including, but not limited to, any decision, action or inaction, shall be at your sole risk.
11. Limitation of Liability
IN NO EVENT SHALL HARRIS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, ARISING FROM YOUR USE OF THE HRN, INCLUDING YOUR USE OF THE CONTENT, OR PARTICIPATION IN SURVEYS, PROJECTS, QUESTIONNAIRES OR OTHER ACTIVITIES, EVEN IF HARRIS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, HARRIS’ LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO HARRIS FOR USE OF THE HRN IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY. Some states/countries do not permit the exclusion of damages, so the foregoing limitation may not apply to you.
You further acknowledge that Harris neither endorses User Content, 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 therefrom, or any fraud or other crime facilitated thereby.
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 HRN or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
You agree to indemnify and hold Harris and its affiliates, and their respective representatives, officers, directors, employees, agents, licensors, clients and partners harmless from any loss, liability, claim, or demand, including, but not limited to, reasonable attorneys’ fees, made by any third party due to or arising out of (i) your use of the HRN in violation of the TOU; (ii) any User Content that you post on, through or in connection with the HRN; or (iii) disclosure of your password to any third parties, including, without limitation, any actions taken by such third parties.
13. General Compliance with Laws
You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of the HRN.
14. No Agency
No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by the TOU.
Except as explicitly stated otherwise, any notices shall be given by email to ____________________ in the case of the HRN) or to the email address you provide to HRN during the registration process (in your case), or such other address as a party shall specify. Notice shall be deemed given twenty-four (24) hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, Harris may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to HRN during the registration process. In such case, notice shall be deemed given three (3) days after the date of mailing.
Any controversy or claim arising out of or relating to the TOU or your use of the HRN 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 the State of 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 necessary to protect the rights or property of you or Harris pending the completion of arbitration.
The TOU 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. If any provision of the TOU 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. Harris’ failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. If you do not agree with the TOU, or any future modifications to the TOU, your sole and exclusive recourse is to not use the HRN. The TOU sets forth the entire understanding and agreement between you and Harris with respect to the subject matter hereof.