THESE GENERAL TERMS GOVERN YOUR USE OF HTTP://WWW.TAPRESEARCH.COM AND OTHER WEB AND MOBILE WEBSITES ON WHICH WE POST A LINK TO THESE GENERAL TERMS (COLLECTIVELY THE “SITES”). BY VISITING, ACCESSING OR USING ANY OF OUR SITES YOU ARE CONCLUDING (OR CONFIRMING) A LEGALLY BINDING CONTRACT BASED ON THESE GENERAL TERMS WITH US, TAPRESEARCH, INC., A CORPORATION WITH OFFICES IN SAN CARLOS, CALIFORNIA, USA.
You are concluding such contract on behalf of yourself and any company or other organization that you are acting for when you visit, access or use any of our Sites, and any reference to "you" in these General Terms refers jointly to you and your company or other organization.
IF YOU DO NOT AGREE WITH ANY OF THESE GENERAL TERMS, YOU MUST IMMEDIATELY NOTIFY US IN WRITING AND STOP USING ALL OF OUR SITES. DO NOT VISIT, ACCESS OR USE ANY OF OUR SITES IF YOU DO NOT WISH TO BE BOUND BY THESE GENERAL TERMS.
Conditional permission to use our Sites.
We grant you a limited, freely revocable, non-assignable, non-exclusive permission to use our Sites on the condition that you agree and comply with these General Terms and that you use our Sites only for one of the following purposes: (1) to gather information about our services for purposes of evaluating whether you want to purchase services from us as a buyer or supplier of market sample, (2) to use our Sites as a buyer or supplier of market sample in full compliance with a separate written agreement with us, which shall take precedent over these General Terms in case of any inconsistencies, or (3) to register for purposes of taking surveys and participate in market research as a respondent.
You are not permitted to resell or distribute any information or services provided on the Sites.
If you use our Sites in violation of these General Terms or any applicable law, you breach our contract, access our computers without permission, and infringe our intellectual property rights and other rights. We reserve all rights not expressly granted herein, including, without limitation, title, ownership and all intellectual property rights to our Sites, information collected or displayed, technologies and any other tangible and intangible items we own or make available.
You must comply with all of our DO’s and DON’Ts below, and you must not access or use Sites in violation of any laws, regulations or third party rights. We reserve the right, to the greatest extent permitted by law, to cancel, terminate and remove any messages, other content, communication history and user accounts at our sole discretion, at any time, including in cases of violations of these Terms and our DO’s and DON’Ts. If you have questions, concerns or complaints, please notify us at firstname.lastname@example.org.
We may change the Sites or these General Terms, or discontinue any of our Sites at any time, without advance notice, at our sole discretion, for any or no reason. We may also assign our contract to an affiliated entity or an acquirer of all or substantially all our assets, with notice to you. If you do not wish to accept the changes an assignment, your sole remedy is to terminate our contract and discontinue using the Sites.
We provide the Sites ‘as is,’ without any express or implied warranties or representations. Your use of the Sites is at your sole risk. We disclaim any warranties to the maximum extent permitted under applicable law. In particular, we do not warrant that the Sites will meet all of your requirements or expectations, that the Sites will function uninterruptedly, timely, secure or error-free or that all errors in the Sites will be corrected.
Limitation of Liability
To the maximum extent permitted by applicable law, we disclaim and exclude all liability of TapReserach, Inc. and its directors, officers, employees, affiliates and subcontractors for any direct, indirect, foreseeable or unforeseeable, typical or non-typical or consequential damages or loss of profits, whether derived from torts, breaches of contract, culpa in contrahendo, positive breach of duty or any other legal theory, except damages caused with wilful intent or gross negligence.
You represent and warrant that any content and information you post, communicate or transmit to or via the Sites is legal, accurate, not defamatory and owned or licensed by you. You are responsible for any such content and other information. You agree to defend us, indemnify us and hold us harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Sites; (ii) any violation of these Terms or applicable law; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your submissions caused damage to a third party. This defense and indemnification obligation will still apply even if these Terms change or you stop using the Sites.
Choice of Law and Arbitration
These Terms, our contract and any dispute arising out of or related to these Terms, our contract or the Sites, shall be governed by California law, not including conflicts of law principles. Any dispute shall be finally settled by arbitration under the rules and auspices of JAMS in California, except that either party may seek injunctive relief in any court of competent jurisdiction. If and to the extent you are using the Sites for your own private household purposes, you can request that we (1) conduct arbitration in the capital of your home country, and (2) advance that portion of the arbitration fees that exceed the amount you would have to pay to litigate the case in court (as substantiated in a written application by you). The party that ultimately prevails in arbitration or courts shall be entitled to reimbursement for arbitration and court fees as well as reasonable attorneys fees.
Last Modified: May 25, 2018.
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All Rights Reserved.