Terms of Use - Study Creators and Respondents

Welcome to UserZoom

PLEASE READ THE FOLLOWING CAREFULLY.

IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT DOWNLOAD, INSTALL OR OTHERWISE USE THE USERZOOM SOFTWARE.

DOWNLOADING, INSTALLING OR USING USERZOOM SOFTWARE CONSTITUTES ACCEPTANCE OF THIS AGREEMENT AND THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE AGREEMENT.

 

This Agreement (the "Agreement") is a binding legal agreement between you (You and/or the User) and USERZOOM, INC. (“USERZOOM"). By installing or using USERZOOM software (the "Software"), you agree to be bound by the terms of this Agreement.

In addition to the terms of this Agreement, you also agree to abide by all notices and instructions USERZOOM provides to You.

  1. GENERAL CONDITIONS AND ACCEPTANCE

You have been invited to participate in a UserZoom marketing survey, test or study (collectively “Study”) either as a UserZoom panelist or by one of our partner companies employing UserZoom Software.

Installation and use of the USERZOOM Software through the User’s web browser allows Users to participate in USERZOOM or partner company Study.

To participate, you must have the minimum system requirements as provided at http://www.userzoom.com, and must download and install the latest version of the Software with the instructions provided. The Software is personalized through cookies that You must accept for the Software to function correctly for the Study in which you have been invited to participate

  1. CONDITIONS FOR ACCESS AND USE

2.1 License. This Agreement grants a revocable, non-exclusive, non-transferable limited license to install and use the Software. USERZOOM reserves the right to determine whether use of the Software qualifies under this Agreement. USERZOOM owns all rights, title and interest to the Software (including all intellectual property rights) and reserves all rights to the Software that are not expressly granted in this Agreement.

2.2 Use of Software. You understand and agree that you shall only use the Software in a manner that complies with any and all applicable laws in the jurisdictions in which you use the Software. Your use shall be in accordance with applicable restrictions concerning privacy and intellectual property rights.

2.3 Prohibited Use. You may not:

  1. Use the Software for any purposes except as provided in this Agreement.
  2. Reproduce the Software, modify the Software, create any derivative works based on the Software, distribute derivative works based on the Software or use the Software to provide services to others
  3. Sell, assign, license, disclose, distribute, or otherwise transfer or make available the Software in whole or in part, in any form to any third parties;
  4. Remove or alter any copyright notices on the Software
  5. Use the Software in any site which endorse unlawful manner or for any unlawful purpose.

CONFIDENTIAL DATA

For your protection, UserZoom does not collect or request confidential information or private data from its survey participants. By participating in the Study, you agree NOT to provide any confidential information or private data relating to yourself or any third party. Confidential information or private data is defined as any and all confidential personal information including but not limited to: your name AND (i) address information, including home address, business address, and telephone numbers, including cellular numbers; (ii) any and all personal identification numbers, including social security number, passport number, driver’s license number, taxpayer identification number, and commonly used passwords used by you or any third party; (iii) personally identifiable financial information, meaning any account numbers, PINs, passwords and/or information provided by an individual to a financial institution; or resulting from any transaction with the individual or any service performed for the individual; or any information otherwise obtained by a financial institution relating to an individual; and (iv) confidential health information, defined as information relating to the person’s past, present, or future medical condition, treatment, or payment for such care.

If, during the course of taking this survey or immediately thereafter, you are requested to provide any confidential information or private data, or directed or redirected to a site that requests or requires that you provide such data, you agree to not follow such instruction and to immediately report this to UserZoom at privacy@userzoom.com.

UserZoom does not, on its own behalf, collect and/or request your name and/or email address. In the event you wish to opt out of emails received from the survey collector, please contact them directly.

  1. DISCLAIMER OF WARRANTIES

3.1 You acknowledge and agree that the Software is provided on an “as is’ and “as available” basis, and that your use of or reliance upon the Software and any third party content and services accessed thereby is at your sole risk and discretion. USERZOOM hereby disclaims any and all representations, warranties and guaranties regarding the Software and third party content and services, whether express, implied or statutory, and including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement to the maximum extent permitted under applicable law.

3.2 Furthermore, USERZOOM make no warranty that (i) the Software or third party content and services will meet your requirements; (ii) the Software or third party content and services will be uninterrupted, accurate, reliable, timely, secure or error-free; (iii) the quality of any products, services, information or other material accessed or obtained by You through the Software will be as represented or meet your expectations; or (iv) any errors in the Software or third party content will be corrected. USERZOOM has no obligation to correct any errors or otherwise support or maintain the Software

3.3 USERZOOM does not warrant that the Software will be compatible or inter-operable with your computer or device or any other piece of hardware, software, equipment or device installed on or used in connection with your computer or device. You understand and agree that the download, installation, uninstallation and/or use of the Software and/or and all third party software made available in conjunction with or through the Software is at your own discretion and risk and that you will be solely responsible for any damages to your computer system or loss of data that results from the download, installation, uninstallation or use of the Software and such third party software.

  1. NO RESPONSIBILITY FOR THIRD PARTY CONTENT AND SERVICES.

4.1 Third party Content and Services. You acknowledge that the Software may permit access to products, services, websites, advertisements, promotions, recommendations, advice, information, and materials created and provided by advertisers, publishers, content partners, marketing agents, vendors and other third parties (“Third Party Content and Services”).

4.2 Disclaimer. You acknowledge that USERZOOM does not investigate, monitor, represent or endorse the Third Party Content and Services (including any third party websites accessed through the Software). Furthermore, Your access to and use of the Third Party Content and Services is at Your sole discretion and risk, and USERZOOM shall have no liability to You arising out of or in connection with Your access to and use of the Third Party Content and Services. USERZOOM hereby disclaims any representation, warranty or guaranty regarding the Third Party Content and Services, whether express, implied or statutory, including, without limitation, the implied warranties of merchantability or fitness for a particular purpose, and any representation, warranty or guaranty regarding the availability, quality, reliability, features, appropriateness, accuracy, completeness, copyright compliance, decency, legality, or any other aspect of the Third Party Content and Services.

4.3 Third Party Terms of Service. You acknowledge and agree that Your access to and use of the Third Party Content and Services and any dealings between You and any third party using the Software are governed by and require Your acceptance of the terms of service of such third party, including, without limitation, any terms, privacy policies, conditions, representations, warranties or disclaimers contained therein. You assume all risks arising out of or resulting from Your transaction of business over the Internet and with any third party, and You agree that USERZOOM is not responsible or liable for any loss or result of the presence of information about or links to such advertisers or service providers. Furthermore, You acknowledge and agree that this License does not grant You any license to (i) the Third Party Content and Services; (ii) any products, services, processes or technology described in or offered by the Third Party Content and Services; or (iii) any copyright, trademark, patent or other intellectual property right in the Third Party Content or Services or any products, services, processes or technology described or offered therein. You agree that You will not use Third Party Content or Services in a manner that would infringe or violate the rights of any other party, and that USERZOOM is not in any way responsible for any such use by You.

4.4 Endorsements. You acknowledge and agree that the provision of access to any Third Party Content and Service shall not constitute or imply any endorsement by USERZOOM of such Third Party Content and Services.

4.5 Inappropriate Materials. You understand that by accessing and using the Third Party Content and Services, You may encounter information, materials and subject matter (i) that You or others may deem offensive, indecent, or objectionable; (ii) which may or may not be identified as having explicit language, and (iii) that automatically and unintentionally appears in search results, as a link or reference to objectionable material. Notwithstanding the foregoing, You agree to use the Third Party Content and Services at Your sole risk and that USERZOOM shall have no liability to You for information, material or subject matter that is found to be offensive, indecent, or objectionable.

  1. LIMITATION OF LIABILITY

EXCEPT TO THE EXTENT PROHIBITED BY LAW, UNDER NO CIRCUMSTANCES SHALL USERZOOM BE LIABLE FOR ACCIDENTS, PROPERTY DAMAGE, PERSONAL INJURY, DEATH, OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SALE OR DISTRIBUTION OF, THE PERFORMANCE OR NON-PERFORMANCE, OR YOUR ACCESS OR USE OF OR INABILITY TO ACCESS OR USE THE SOFTWARE AND ANY THIRD PARTY CONTENT AND SERVICES, WHETHER OR NOT THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT SUCH PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, USERZOOM SHALL HAVE NO RESPONSIBILITY FOR ANY CLAIMS MADE BY YOU OR ANY THIRD PARTY RELATED TO THE SOFTWARE OR YOUR USE OF POSSESSION OF THE SOFTWARE, INCLUDING, BUT NOT LIMITED TO (i) PRODUCT LIABILITY CLAIMS, (ii) ANY CLAIM THAT THE APPLICATION FAILS TO CONFORM TO ANY APPLICABLE LEGAL OR REGULATORY REQUIREMENT, (iii) CLAIMS ARISING UNDER CONSUMER PROTECTION OR SIMILAR LEGISLATION, (iv) DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES OR (v) ANY CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE OF THE SOFTWARE TO CONFORM TO ANY WARRANTY, EXPRESS OR IMPLIED. THESE OBLIGATIONS SURVIVE TERMINATION OF THIS LICENSE.

  1. INDEMNIFICATION

6.1 By accepting the Agreement, you agree to indemnify and otherwise hold harmless USERZOOM its officers, employers, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages arising out of, relating to, or resulting from your use of the Software or any other matter relating to the Software.

6.2 You agree to indemnify, defend and hold harmless USERZOOM its officers, employers, agents, subsidiaries, affiliates and other partners (the “Indemnified Parties”) from and against any claim, proceeding, loss, damage, fine, penalty, interest and expense (including, without limitation, fees for attorneys and other professional advisors) arising out of or in connection with the following: (i) Your access to or use of the Software or Third Party Content and Services; (ii) Your breach of this Agreement; (iii) Your violation of law; (iv) Your negligence or wilful misconduct; or (v) Your violation of the rights of a third party. These obligations survive termination of this License.

  1. TERM AND TERMINATION

7.1 This Agreement shall be effective until terminated. USERZOOM may, in its sole and absolute discretion, at any time and for any or no reason, suspend or terminate this Agreement and the rights afforded to You hereunder with or without prior notice. Furthermore, if You fail to comply with any terms and conditions of this Agreement, then this Agreement and any rights afforded to You hereunder shall terminate automatically, without any notice or other action by USERZOOM. Upon the termination of this Agreement, You shall cease all use of the Software and uninstall the Software. These obligations survive termination of this Agreement. The Sections entitled "No Warranty," "Indemnification," and "Limitation of Liability" will survive any termination of this Agreement.

7.2 USERZOOM may modify the Software with or without notice to you either in email or by publishing content on the USERZOOM website, including but not limited to changing the functionality or appearance of the Software. Any such modification will subject to the terms of this Agreement.

  1. GOVERNING LAW.

8.1 This Agreement shall be deemed to take place in the State of California and shall be governed by and construed in accordance with the laws of the State of California, excluding its conflicts of law principles.

8.2 You agree that any dispute or claim between the parties arising from or related to this Agreement must be filed in the state and federal courts located in or serving San Jose, California and expressly consent to the personal jurisdiction of those courts.

8.3 You agree that any dispute or claim arising out of or relating to the Software or Your use of the Software must commence within one (1) year after the dispute or claim accrues. Otherwise, such dispute or claim is permanently barred.

  1. ENTIRE AGREEMENT.

This Agreement, including the materials and/or documents incorporated herein by reference, constitute the entire agreement with respect to the use of the Software and supersedes all prior or contemporaneous understandings regarding such subject matter.

USERZOOM reserves the right to alter this agreement at any time, for any reason, including the requirements to access and use the Software. In case of modifications, USERZOOM will present the new agreement to respondents at next use and give the opportunity to consent to those revised/updated terms.

  1. ADD-ONS UNINSTALL INSTRUCTIONS

How to uninstall UserZoom Add-on in Chrome?

  1. Click the Chrome menu on the browser toolbar.
  2. Click Tools.
  3. Select Extensions.
  4. Click the trash can icon by the UserZoom Survey Tool extension.
  5. A confirmation dialog appears, click Remove.

How to uninstall UserZoom Add-on in Firefox?

  1. At the top of the Firefox window, click on the Tools button, and then click Add-ons.
  2. In the Add-ons Manager tab, select the Extensions panel.
  3. Select the UserZoom Survey Tool extension.
  4. Click the Remove button.
  5. Click Restart now if it pops up. Your tabs will be saved and restored after the restart.

How to uninstall UserZoom Add-on in Internet Explorer?

  1. Go to your desktop and double-click the icon 'Uninstall UserZoom survey tool for IE'.
  2. Or go to Control Panel > Add or Remove Programs. Select 'UserZoom survey tool for IE' and click Uninstall.

In the event that You have a question, complaint or claim regarding Your use of the Software, please contact us at https://www.userzoom.com/contact-us/

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