All Experts LLC
Privacy Policy
Effective date: December 3, 2023
All Experts LLC (“All Experts,” “we,” “us,” and “our”) is committed to protecting your privacy.
All Experts helps clients connect with experts like you. We help fuel our clients’ data driven decisions and actionable insights with real professionals, real expertise, and real data to create less fraudulent datasets that drive much more accurate recommendations to make the market research industry a better place.
Our website address is: https://www.allxprts.com.
This Privacy Policy describes how we collect, use, disclose, and protect information through our Services. It applies to the information collected on allxprts.com (the “Website”) and via the Services that we provide to our Customers. When we say “you” we are referring to consumers, visitors, and experts to our website, including the person reading this Privacy Policy.
Information We Collect
We only collect information about you if we have a reason to do so — for example, to provide our Services, to communicate with you, or to make our Services better.
We collect this information from three sources: if and when you provide information to us, automatically through operating our Services, and from outside sources. Let’s go over the information that we collect.
Information You Provide to Us
It’s probably no surprise that we collect information that you provide to us directly. Here are some examples:
· Basic contact information: We ask for basic contact information from you to participate in market research projects. For example, if you are participating in one of our market research projects we may as you to provide email, name, date of birth, age, email address, address, phone number, company, job title, job history, location, education history, and social network handles and or agree that we can use any of this public information, and other identifying details. We may provide some of this information to clients for validation purposes only. We will not sell your information to 3rd parties. In some cases our clients may want you to participate in long term research projects where we will turn over personal identifiable information (PII )to them, but you will have an opportunity to opt in to those opportunities before we provide any PII to our clients in those cases.
· Payment and contact information: If you earn revenue for participating in our clients’ research projects, we’ll collect information to process those payments and contact you.
· Information Provided by Customers to Use the Services. When Customers subscribe to use the Services, we may collect personal contact information regarding users of the Services and financial information for billing purposes (“Customer Information”).
· Communications with us: You may also provide us with information when you respond to research opportunities we send to you, communicate with us about a support question, or opt out of any future communication. When you communicate with us via form, email, phone, Allxprts.com email, or otherwise, we may store a copy of our communications (including any call recordings as permitted by applicable law).
· Job applicant information: If you apply for a job with us — awesome! You may provide us with information like your name, contact information, resume or CV, and work authorization verification as part of the application process.
Information We Collect Automatically
We also collect some information automatically:
· Log information: Like many research service providers, we collect information that web browsers, mobile devices, and servers typically make available, including the browser type, IP address, unique device identifiers, language preference, referring site, the date and time of access, operating system, and mobile network information. Our clients and partners may collect this information for validation purposes as well when you participate in their research. We may collect log this information when you use our Services in the future, but do not do so currently.
· Location information: We may determine the approximate location of your device from your IP address. We collect and use this information to, for example, calculate how many people visit our Services from certain geographic regions. We may also collect information about your precise location via our future mobile apps (like when you are in a store where are client is doing research and wants to confirm you are in the store) if you allow us to do so through your mobile device operating system’s permissions. Our clients and partners may collect this information for validation purposes as well when you participate in their research for validation that you are in the location that you say you are in.
Information from cookies & other technologies: A cookie is a string of information that a website stores on a visitor’s computer, and that the visitor’s browser provides to the website each time the visitor returns. Pixel tags (also called web beacons) are small blocks of code placed on websites and emails. All Experts does not currently use cookies and other technologies (but our partners may) like pixel tags to help us identify and track visitors, usage, and access preferences for our Services, as well as track and understand email campaign effectiveness and to deliver targeted ads but may do so in the future.
As we adopt additional technologies, we may also gather information through other methods.
Please note that you can change your settings to notify you when a cookie is being set or updated, or to block cookies altogether. Please consult the “Help” section of your browser for more information (e.g., Internet Explorer; Google Chrome; Mozilla Firefox; or Apple Safari). You can also manage the use of Flash technologies, including flash cookies and local storage objects with the Flash management tools available at Adobe’s website. Please note that by blocking, disabling, or managing any or all cookies, you may not have access to certain features or offerings of our services.
Information We Collect from Partners Other Sources
We may also get information about you from other sources. For example:
· Social Sharing Services: We may ask for your social media service handle (like X, previously Twitter), and we may collect and utilize public information from that service (e.g., basic profile information, name, email address, address, phone number, company, job title, job history, location, education history, and social network handles via the authorization procedures for that service).
The information we receive depends on which services you use or authorize and what options are available.
Third-party services may also give us information, like name, email address, address, phone number, company, job title, job history, location, education history, and social network handles that is public information or original proprietary data sources for individuals. We use this information for marketing purposes like postcards and other mailers advertising our Services.
We may also obtain information about you from other sources and combine that with information we collect about you through your use of the Services. For example, we may obtain your contact information if you attend a conference or webinar that we sponsor and the organizer provides us with a list of attendees. We may also obtain your contact information from third parties that market mailing lists. If we receive Personal Information from a third-party source and/or if we combine the information we receive from these third-party sources with your Personal Information, we will treat that information as Personal Information. We are not responsible for the accuracy of the information provided by third parties or how such third parties collect, use and share such information.
How and Why We Use and Share Information
Purposes for Using Information
We use information about you for the purposes listed below:
· To provide our Services. For example, to set up and maintain your account, connect you with market researchers, customer service, process payments to you, and verify user information.
· To ensure quality, maintain safety, and improve our Services. For example, by providing our clients with your information to confirm you are who you say you are which is critical to the research process. Or, for example, by monitoring and analyzing how users interact with our Services so we can create new features that we think our users will enjoy.
· To place and manage ads in our advertising program. For example, to place ads on our users’ sites and some of our own sites as part of our advertising program, and understand ad performance.
· Service Providers. We may share information collected with select third parties who use the information to provide services on our behalf, such as Services operation, surveys, online focus groups, phone interviews, marketing and sales, billing and payments processing, analytics, security, fraud prevention, and legal services.
· To market our Services and measure, gauge, and improve the effectiveness of our marketing. For example, by targeting our marketing messages to groups of our users, advertising our Services, analyzing the results of our marketing campaigns (like how many people purchased services from us after receiving a marketing message), and understanding and forecasting.
· To protect our Services, our users, and the public. For example, by detecting security incidents; detecting and protecting against malicious, deceptive, fraudulent, or illegal activity; fighting spam; complying with our legal obligations; and protecting the rights and property of All Experts and others, which may result in us, for example, declining a transaction or terminating Services.
· To fix problems with our Services. For example, by monitoring, debugging, repairing, and preventing issues.
· To customize the user experience. For example, to personalize your experience by serving you relevant notifications and advertisements for our Services.
· To communicate with you. For example, by emailing you to ask for your feedback, share tips for getting the most out of our services, or keep you up to date on All Experts; emailing you to verify your payment; or calling you to share offers and promotions that we think will be of interest to you. If you don’t want to hear from us, you can opt out of marketing communications at any time.
· To recruit and hire new employees. For example, by evaluating job applicants and communicating with them.
· At Your Direction. We may share information with third parties when you direct us to do so.
We share information about you in limited circumstances, and with appropriate safeguards on your privacy.
· Subsidiaries and independent contractors: We may disclose information about you to our subsidiaries and independent contractors who need the information to help us provide our Services or process the information on our behalf. We require our subsidiaries and independent contractors to follow this Privacy Policy for any personal information that we share with them.
· Third-party vendors: We may share information about you with third-party vendors who need the information in order to provide their services to us, or to provide their services to you. This includes vendors that help us provide our Services to you (like vendors that help us process payments to you, fraud prevention services that allow us to analyze fraudulent research activities, postal and email delivery and email validation services that help us stay in touch with you, customer chat and email support services that help us communicate with you; those that assist us with our marketing efforts (e.g., by providing tools for identifying a specific marketing target group or improving our marketing campaigns, and by placing ads to market our services); those that help us understand and enhance our Services (like analytics providers); those that make tools to help us run our operations (like programs that help us with task management, scheduling, word processing, email and other communications, and collaboration among our teams); other third-party tools that help us manage operations; and companies that make products available on our websites, who may need information about you in order to, for example, provide technical or other support services to you. We require vendors to agree to privacy commitments in order to share information with them.
· Legal and regulatory requirements: We may disclose information about you in response to a subpoena, court order, or other governmental request.
· To protect rights, property, and others: We may disclose information about you when we believe in good faith that disclosure is reasonably necessary to protect the property or rights of All Experts, third parties, or the public at large. For example, if we have a good faith belief that there is an imminent danger of death or serious physical injury, we may disclose information related to the emergency without delay.
· Business transfers: In connection with any merger, sale of company assets, or acquisition of all or a portion of our business by another company, or in the unlikely event that All Experts goes out of business or enters bankruptcy, user information would likely be one of the assets that is transferred or acquired by a third party. If any of these events were to happen, this Privacy Policy would continue to apply to your information and the party receiving your information may continue to use your information, but only consistent with this Privacy Policy.
· With your consent: We may share and disclose information with your consent or at your direction. For example, we may share your information with third parties when you authorize us to do so, like when we ask if you want to participate directly with our clients in research activities like private research panels, one on one telephone calls, etc..
· Aggregated or de-identified information: We may share information that has been aggregated or de-identified, so that it can no longer reasonably be used to identify you.
· Expert Member Accounts: If you have an All Experts account and interact with our site using our Services, your information may be shared with the administrators of the site.
· Published support requests: If you send us a request for assistance (for example, via a support email or one of our other feedback mechanisms), we reserve the right to publish that request in order to clarify or respond to your request, or to help us support other users.
We have a policy that we do not sell our users’ data. We aren’t a data broker, we don’t sell your personal information to data brokers, and we don’t sell your information to other companies that want to spam you with marketing emails.
Under a new California law, the California Consumer Privacy Act (“CCPA”), some personalized advertising you see online and on our services might be considered a “sale” even though we don’t share information that identifies you personally, like your name or email address, as part of our advertising program.
You have choices about these ads.
Information Shared Publicly
Information that you choose to make public is — disclosed publicly.
That means information like your public profile, posts, other content that you make public on your website, and your “Likes” and comments on other websites are all available to others.
Public information may also be indexed by search engines or used by third parties.
Please keep all of this in mind when deciding what you would like to share publicly.
Legal Bases for Collecting and Using Information
A note here for those in the European Union about our legal grounds for processing information about you under EU data protection laws, which is that our use of your information is based on the grounds that:
(1) The use is necessary in order to fulfill our commitments to you under the applicable terms of service or other agreements with you or is necessary to administer your account
(2) The use is necessary for compliance with a legal obligation; or
(3) The use is necessary in order to protect your vital interests or those of another person; or
(4) We have a legitimate interest in using your information — for example, to provide and update our Services; to improve our Services so that we can offer you an even better user experience; to safeguard our Services; to communicate with you; to measure, gauge, and improve the effectiveness of our advertising; and to understand our user retention and attrition; to monitor and prevent any problems with our Services; and to personalize your experience; or
(5) You have given us your consent
How Long We Keep Information
We generally discard information about you when it’s no longer needed for the purposes for which we collect and use it — described in the section above on How and Why We Use Information — and we’re not legally required to keep it. This is subject to any valid opt-out or withdrawal of consent where processing based on consent, or other valid exercise of your data subject rights.
Security
While no online service is 100% secure, we work very hard to protect information about you against unauthorized access, use, alteration, or destruction, and take reasonable measures to do so. Although we use reasonable efforts to help protect your information, transmission via the internet is not completely secure and we cannot guarantee the security of your information collected through the Services.
If you have any questions about security on our Services, you can contact is at support@allxprts.com.
Choices
You have several choices available when it comes to information about you:
· Limit the information that you provide: If you have an account with us, you can choose not to provide the optional account information, profile information, and transaction and billing information. Please keep in mind that if you do not provide this information, certain features of our Services — for example, if you do not provide your business title, we may not be able to connect you with opportunities that may be a good fit for you to participate in.
· Opt out of marketing communications: You may opt out of receiving promotional communications from us. Just follow the instructions in those communications or let us know. If you opt out of promotional communications, we may still send you other communications, like those about your account and legal notices.
Your Rights
If you are located in certain parts of the world, including California and countries that fall under the scope of the European General Data Protection Regulation (aka the “GDPR”), you may have certain rights regarding your personal information, like the right to request access to or deletion of your data.
European General Data Protection Regulation (GDPR)
If you are located in a country that falls under the scope of the GDPR, data protection laws give you certain rights with respect to your personal data, subject to any exemptions provided by the law, including the rights to:
· Request access to your personal data;
· Request correction or deletion of your personal data;
· Object to our use and processing of your personal data;
· Request that we limit our use and processing of your personal data; and
· Request portability of your personal data.
You also have the right to make a complaint to a government supervisory authority.
California Consumer Privacy Act (CCPA)
CALIFORNIA RESIDENTS
This California Consumer Privacy Act (“CCPA”) disclosure explains how we collect, use, and disclose personal information relating to California residents covered by the CCPA. Under the CCPA, the specific Personal Information that we collect, use, and disclose relating to a California resident covered by the CCPA will vary based on our relationship or interaction with that individual.
Collection and Disclosure of CCPA Personal Information
In the past 12 months, we may have collected, and disclosed to third parties for our business purposes, the following categories of Personal Information relating to California residents covered by this disclosure:
Personal information, as defined in the California safeguards law, such as contact information and financial information;
Identifiers, such as name, contact information, and device and online identifiers
Characteristics of protected classifications under California or federal law, (for example, you might provide your gender as part of a research survey for us);
Commercial information, such as transaction information and purchase history;
Biometric information, such as fingerprints and voiceprints;
Internet or network activity information, such as browsing history and interactions with our website;
Geolocation data, such as device location and Internet Protocol (IP) location;
Audio, electronic, visual and similar information, such as call and video recordings;
Professional or employment-related information, such as work history and prior employer;
Education information, such as student records and directory information; and
Inferences drawn from any of the Personal Information listed above to create a profile about, for example, an individual’s preferences and characteristics.
The categories of sources from whom we collected CCPA Personal Information are:
Directly from a California resident or the individual’s representatives
Market research surveys
Service providers, consumer data resellers and other third parties
Public record sources (Federal, State or Local Government Sources)
Information from our affiliates
Website/mobile app activity/Social media
Information from our customers or their service providers
The categories of third parties to whom we disclosed CCPA Personal Information for our business purposes described in this privacy disclosure are:
Our customers to which the Personal Information relates
Our affiliates
Vendors and service providers who provide services such as website hosting, data analysis, information technology and related infrastructure, customer service, email delivery, auditing, marketing and marketing research activities
Government agencies as required by laws and regulations
Use of CCPA Personal Information
In the past 12 months, we have used Personal Information relating to California residents to operate, manage, and maintain our business, to provide our products and services, and to accomplish our business purposes and objectives, including the following:
Performing services, including market research services or providing similar services.
Detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity.
Short-term, transient use where the information is not disclosed to a third party and is not used to build a profile or otherwise alter an individual consumer’s experience outside the current interaction.
Auditing related to a current interaction and concurrent transactions, including, but not limited to, counting ad impressions to unique visitors, verifying positioning and quality of ad impressions, and auditing compliance with this specification and other standards.
Undertaking activities to verify or maintain the quality or safety of a service controlled by us, and to improve, upgrade, or enhance the service controlled by the business.
Debugging to identify and repair errors that impair existing intended functionality.
Undertaking internal research for technological development and demonstration.
Complying with laws and regulations and to comply with other legal process and law enforcement requirements (including any internal policy based on or reflecting legal or regulatory guidance, codes or opinions)
Sale of CCPA Personal Information
In the past 12 months, we have not “sold” Personal Information subject to the CCPA, including Personal Information of minors under the age of 16. For purposes of this Disclosure, “sold” means the disclosure of Personal Information to a third-party for monetary or other valuable consideration.
Rights under the CCPA
If you are a California resident, you have the right to:
1. Request we disclose to you free of charge the following information covering the 12 months preceding your request:
a. the categories of Personal Information about you that we collected;
b. the categories of sources from which the Personal Information was collected;
c. the purpose for collecting Personal Information about you;
d. the categories of third parties to whom we disclosed Personal Information about you and the categories of Personal Information that was disclosed (if applicable) and the purpose for disclosing the Personal Information about you; and
e. the specific pieces of Personal Information we collected about you;
f. Opt out of any sale of personal information
2. Request we delete Personal Information we collected from you, unless the CCPA recognizes an exception; and
3. Be free from unlawful discrimination for exercising your rights under the CCPA.
We will acknowledge receipt of your request and advise you how long we expect it will take to respond if we are able to verify your identity. Requests for specific pieces of Personal Information will require additional information to verify your identity.
If you submit a request on behalf of another person, we may require proof of authorization and verification of identity directly from the person for whom you are submitting a request.
In some instances, we may not be able to honor your request. For example, we will not honor your request if we cannot verify your identity or if we cannot verify that you have the authority to make a request on behalf of another individual. Additionally, we will not honor your request where an exception applies, such as where the disclosure of Personal Information would adversely affect the rights and freedoms of another consumer or where the Personal Information that we maintain about you is not subject to the CCPA’s access or deletion rights.
We will advise you in our response if we are not able to honor your request. We will not provide social security numbers, driver’s license numbers or government issued identification numbers, financial account numbers, health care or medical identification numbers, account passwords or security questions and answers, or any specific pieces of information if the disclosure presents the possibility of unauthorized access that could result in identity theft or fraud or unreasonable risk to data or systems and network security.
We will work to process all verified requests within 45 days pursuant to the CCPA. If we need an extension for up to an additional 45 days in order to process your request, we will provide you with an explanation for the delay.
How to Exercise Your CCPA Rights
If you are a California resident, you may submit a request by contacting us at: support@allxprts.com.
CHILDREN UNDER 13
The Child Online Privacy and Protection Act (“COPPA”) regulates online collection of information from persons under the age of 13 (each, a “covered person”). We maintain procedures to assure that information about children or other categories of sensitive information is only collected with explicit consent and is protected against improper use, consistent with applicable laws.
Prior to conducting a research project, whether through the Services or otherwise, with children or young people, we will identify and comply with any applicable laws including COPPA, which requires verifiable parental or legal guardian’s consent for interviewing children below the age of 13 years. If you are a parent of a covered person, you may revoke your consent, review your covered person’s personal information, ask to have it deleted, and/or refuse to allow any further collection or use of your child’s information at any time by contacting support@allxprts.com.
Contacting Us About These Rights
To ask questions or comment about this Privacy Policy or to enforce any of your rights as outlined in this Privacy Policy, or to request more information about our privacy practices, please contact us at support@allxprts.com.
When you contact us about one of your rights under this section, we’ll need to verify that you are the right person before we disclose or delete anything. For example, if you joined as an expert, we will need you to contact us from the email address associated with your account. You can also designate an authorized agent to make a request on your behalf by giving us written authorization. We may still require you to verify your identity with us.
How to Reach Us
To ask questions or comment on this Privacy Policy and our privacy practices, a person may contact us at support@allxprts.com.
Privacy Policy Changes
We reserve the right to update or modify this Privacy Policy at any time to reflect changes in the law, our data collection and use practices, the features of our Services, or advances in technology. We will make the revised Privacy Policy accessible through use of the Services, so you should review the Privacy Policy periodically. You can know if the Privacy Policy has changed since the last time you reviewed it by checking the “Effective Date” included at the beginning of the document. If we make a material change to the Policy, we will provide you with notice in accordance with legal requirements. Your use of the Services following any such change constitutes your agreement that all information collected from or about you after the revised Privacy Policy is posted will be subject to the terms of the revised Privacy Policy.
Terms & Conditions
Terms and Conditions:
1) My personal information will consist of information I submit to All Experts when participating in market research activities, and any information I have made public on social media sites or any other source where I have made my personal information public.
2) In exchange for compensation for my time and options, I hereby agree to participate in future research studies conducted by All Experts and its clients.
3) I understand that what is communicated during these research studies will remain confidential, and my involvement or participation will never be disclosed by All Experts unless you give consent.
4) I hereby agree that all the information provided to me as part of these research studies, including the existence of these studies, is confidential. By accepting the terms of this confidentiality agreement, I hereby agree to treat this information as strictly confidential; this information may not be published, quoted, and/or disclosed to anyone in any form whatsoever.
5) I am a non-agent independent contractor of All Experts.
6) Fees - All Experts shall pay respondents the fees (“Fees”) as set forth in the research study invitation to participate if Member completes the full online survey, and it is validated by the research client All Experts is working with. Researchers will not validate online surveys if Members speed through and do not provide thoughtful answers, provide wrong answers when asked questions to make sure Members are paying attention, and provide bad or garbage answers in open ended questions where researchers are asking you to type in your thoughts on any topic. Fees typically take 7-14 days to be paid to Member once Research firm completes their research, and validates completed online interviews.
7) All Experts Indemnification
All Experts shall indemnify, defend, and hold harmless Member from and against any and all losses, damages, liabilities, costs (including reasonable attorneys' fees) (“Losses”) incurred by Member resulting from any third-party claim, suit, action, or proceeding (“Third-Party Claim”) that the Service, or any use of the Service in accordance with the Agreement, infringes or misappropriates such third party's US intellectual property rights, provided that Member promptly notifies All Experts in writing of the claim, cooperates with All Experts, and allows All Experts sole authority to control the defense and settlement of such claim.
If such a claim is made or appears possible, Member agrees to permit All Experts, at All Experts sole discretion, to (A) modify or replace the Service, or component or part thereof, to make it non-infringing, or (B) obtain the right for Member to continue use. If All Experts determines that neither alternative is reasonably available, All Experts may terminate the Agreement, in its entirety or with respect to the affected component or part, effective immediately on written notice to Member.
This Section will not apply to the extent that the alleged infringement arises from: (A) use of the Service in combination with data, software, hardware, equipment, or technology not provided by All Experts or authorized by All Experts in writing; (B) modifications to the Service not made by All Experts; (C) Client Data; or (D) Third-Party Products.
Member Indemnification
Member shall indemnify, hold harmless All Experts, its directors and officers and each person, and, at All Experts’ option, defend All Experts from and against any Losses resulting from any Third-Party Claim that the Member Data, or any use of the Member Data in accordance with the Agreement, infringes or misappropriates such third party's intellectual property rights and any Third-Party Claims based on Member's or any Authorized User's (i) breach of the Agreement (including Section 4 of these Terms and Conditions) or negligence or willful misconduct; (ii) use of the Service in a manner not authorized by the Agreement; (iii) use of the Service in combination with data, software, hardware, equipment or technology not provided by All Experts or authorized by All Experts in writing; or (iv) modifications to the Service not made by All Experts, provided that Member may not settle any Third-Party Claim against All Experts unless All Experts consents to such settlement, and further provided that All Experts will have the right, at its option, to defend itself against any such Third-Party Claim or to participate in the defense thereof by counsel of its own choice.
Sole Remedy
THIS SECTION SETS FORTH MEMBER'S SOLE REMEDIES AND VALIDATEDPANELS SOLE LIABILITY AND OBLIGATION FOR ANY ACTUAL, THREATENED, OR ALLEGED CLAIMS THAT THE SERVICES INFRINGE, MISAPPROPRIATE, OR OTHERWISE VIOLATE ANY INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY.
8) All Experts will not require a W9 form from Member, or to file a 1099 on Member behalf if Member earns less than $600 working with All Experts in any calendar year.
9) Limitations of Liability
IN NO EVENT WILL VALIDATEDPANELS BE LIABLE UNDER OR IN CONNECTION WITH THE AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (a) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (b) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (c) LOSS OF GOODWILL OR REPUTATION; (d) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR BREACH OF DATA OR SYSTEM SECURITY; OR (e) COST OF REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER VALIDATEDPANELS WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. IN NO EVENT WILL VALIDATEDPANEL’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED THE TOTAL AMOUNTS PAID TO VALIDATEDPANELS UNDER THE AGREEMENT IN THE YEAR PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR $10,000, WHICHEVER IS LESS. NOTWITHSTANDING THE FOREGOING OR ANYTHING TO THE CONTRARY HEREIN, FOR FREE SUBSCRIPTIONS OR BETA RELEASES, VALIDATEDPANEL’S TOTAL LIABILITY WILL NOT EXCEED FIFTY U.S. DOLLARS ($50 US) IN THE AGGREGATE.
10) Term & Termination - Respondent may elect not to participate in any market research studies at any time.
11) Entire Agreement
The Agreement, together with any other documents incorporated herein by reference and all related exhibits, constitutes the sole and entire agreement of the Parties with respect to the subject matter of the Agreement and supersedes all prior and contemporaneous understandings, agreements, and representations and warranties, both written and oral, with respect to such subject matter. To the extent of any conflict between these Terms and Conditions and the Subscription Agreement, these Terms and Conditions will control, except to the extent the Subscription Agreement expressly identifies a provision of these Terms and Conditions to be superseded by the Subscription Agreement. In the event of any inconsistency between the statements made in these Terms and Conditions, all related exhibits, and any other documents incorporated herein by reference, the following order of precedence governs: (i) first, these Terms and Conditions, excluding its exhibits; (ii) second, the exhibits to these Terms and Conditions as of the Effective Date; and (iii) third, any other documents incorporated herein by reference.
Notices
All notices, requests, consents, claims, demands, waivers, and other communications hereunder (each, a “Notice”) must be in writing and addressed to the Parties at the addresses set forth on the first page of the Agreement (or to such other address that may be designated by the Party giving Notice from time to time in accordance with this Section). All Notices must be delivered by personal delivery, nationally recognized overnight courier (with all fees pre-paid), facsimile or email (with confirmation of transmission) or certified or registered mail (in each case, return receipt requested, postage pre-paid). Except as otherwise provided in the Agreement, a Notice is effective only: (i) upon receipt by the receiving Party; and (ii) if the Party giving the Notice has complied with the requirements of this Section.
Force Majeure
In no event shall either Party be liable to the other Party, or be deemed to have breached the Agreement, for any failure or delay in performing its obligations under the Agreement (except for any obligations to make payments), if and to the extent such failure or delay is caused by any circumstances beyond such Party's reasonable control, including but not limited to acts of God, flood, fire, earthquake, explosion, war, terrorism, invasion, riot or other civil unrest, strikes, labor stoppages or slowdowns or other industrial disturbances, or passage of law or any action taken by a governmental or public authority, including imposing an embargo.
Amendment and Modification; Waiver
No amendment to or modification of the Agreement is effective unless it is in writing and signed by an authorized representative of each Party; provided, however that if All Experts modifies the Agreement or these Terms and Conditions during the Term, the modified version will take effect upon the commencement of Client’s next Renewal Term. In addition: (a) if All Experts launches new products or features that require opt-in acceptance of new terms, those terms will apply upon Customer’s acceptance thereof or use of such products or features; (b) changes to any terms will take effect immediately for Free Subscriptions; and (c) during the Term, All Experts may update All Experts privacy policy and other policies from time-to-time to reflect product improvements or changing practices, and these changes will take effect thirty (30) days from the date such policies are posted so long as they do not substantially diminish Client’s rights or create substantial additional Client obligations during the Term. No waiver by any Party of any of the provisions hereof will be effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in the Agreement, (i) no failure to exercise, or delay in exercising, any rights, remedy, power, or privilege arising from the Agreement will operate or be construed as a waiver thereof and (ii) no single or partial exercise of any right, remedy, power, or privilege hereunder will preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
Severability
If any provision of the Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other term or provision of the Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. Upon such determination that any term or other provision is invalid, illegal, or unenforceable, the Parties shall negotiate in good faith to modify the Agreement so as to effect their original intent as closely as possible in a mutually acceptable manner in order that the transactions contemplated hereby be consummated as originally contemplated to the greatest extent possible.
Governing Law; Submission to Jurisdiction
The Agreement is governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule that would require or permit the application of the laws of any jurisdiction other than those of the State of Texas. Any legal suit, action, or proceeding arising out of or related to the Agreement or the licenses granted hereunder will be instituted exclusively in the federal courts of the United States or the courts of the State of Texas in each case located in Collin County Texas, and each Party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding.
Assignment
Client may not assign any of its rights or delegate any of its obligations hereunder, in each case whether voluntarily, involuntarily, by operation of law or otherwise, without the prior written consent of All Experts. Any purported assignment or delegation in violation of this Section will be null and void. No assignment or delegation will relieve the assigning or delegating Party of any of its obligations hereunder. The Agreement is binding upon and inures to the benefit of the Parties and their respective permitted successors and assigns.
Export Regulation
Client shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), that prohibit or restrict the export or re-export of the Service or any Client Data outside the US.
Equitable Relief
Each Party acknowledges and agrees that a breach or threatened breach by such Party of any of its obligations under Section 9 or, in the case of Client, Section 3(c), would cause the other Party irreparable harm for which monetary damages would not be an adequate remedy and agrees that, in the event of such breach or threatened breach, the other Party will be entitled to equitable relief, including a restraining order, an injunction, specific performance and any other relief that may be available from any court, without any requirement to post a bond or other security, or to prove actual damages or that monetary damages are not an adequate remedy. Such remedies are not exclusive and are in addition to all other remedies that may be available at law, in equity or otherwise.
Subcontractors
All Experts is permitted to use subcontractors and authorize them to exercise the rights granted to All Experts in order to provide the Service under this Agreement.
Counterparts
The Agreement may be executed in counterparts, each of which is deemed an original, but all of which together are deemed to be one and the same agreement.