PremierOpinion




Effective Date: December 19, 2017

PremierOpinion (“PremierOpinion”, “we”, “us”, or “our”) is a division of VoiceFive, Inc., a wholly owned subsidiary of comScore, Inc. (“comScore”). This Privacy Policy sets out the data practices for the PremierOpinion panel (“Panel”) and its associated website at www.premieropinion.com (“Website”). Our online market research community has millions of participants who are interested in voicing their opinions through their survey responses and activities, as described below, and in influencing which products and services are offered on the Internet. Panelists allow their digital consumption behavior to be collected and used to produce a variety of reports about consumers' preferences and interests.

The information you contribute is used by comScore, a globally-recognized authority on market research and digital consumption behavior trends, whose data are routinely cited by major media outlets such as The New York Times, The Wall Street Journal, and CNN. The data are extensively relied upon by the largest Internet services companies and scores of Fortune 500 companies to improve their online offerings. comScore will not use the personal information you provide to us to advertise to you or to market products or services to you without your permission.

Voluntary participation in our Panel will allow us to send you periodic surveys and track all information about your activities on any computer on which you install our software or any device that you connect to that computer, such as the websites you visit, the information you view or enter on these websites, and the transactions that you make.

What information is collected?

Website, Registration, and Surveys. We may collect personal information about you when you voluntarily provide us with such information, such as through our Website. We may collect such information directly from you or we may receive it from a third-party company that is acting on our behalf or that otherwise refers you to us. For example, you may provide us with personal information when you submit an online form or otherwise communicate with us through our Website. This information may include your name, address, phone number, and email address, among other types of information, including any personal information you provide to us in a message.

We may also collect personal and other information about you through your responses to our surveys as well as through the use of cookies in our survey invitations. If you elect to participate in a survey, we require that you provide complete and accurate information about yourself and your household. We may combine any information that you provide to us in your survey responses, through our Website, and through your participation in our Panel with any other information that we collect from or about you.

We may further use cookies or other technologies to collect information about your operating system, browser type, information about your website preferences and your use of our Website, and other information that helps us operate our Website.

Our Panel and Software. We may also collect personal and other information about you when you choose to participate in our Panel by voluntarily downloading and enabling our software. This software allows us to monitor your digital consumption behavior on the computer on which you install our software and any devices that you connect to that computer. Our software collects this information regardless of whether you are connected to the Internet at the time. The computer and device usage information that we collect includes information about your use of any applications on your computer or connected devices, including information about the types of applications you use and general statistics about how you use them. If you allow others to use the computer on which you install the software or any connected devices, or to connect their device to your computer, information about their use of your computer or any device that is connected to your computer will also be collected.

Our software also collects information about any Internet activities that you or others engage in using your computer or any connected devices. The information that our software collects about your Internet activities may include information about your web browsing activities and any content on the websites you visit and in the applications you use, the context and location in which certain content is displayed on individual web pages, any information that is available through these websites or applications, any information that you submit to these websites and applications, select email header information from web-based emails, information about any software that you download or use, information about your computer or device, and information about your use of video streaming services.

Our software may also collect information about the activity that you undertake during secure sessions, such as filling a shopping basket, completing an application form, or checking online accounts. This may include collecting information about the content you view on the pages you visit during both normal and secure sessions, as well as any information that you submit through the websites you visit during these sessions. Our technology may use a root certificate, which may allow us to decrypt secure URLs and pages. We may also use other software-based technologies to collect this information from your device. Our software may also collect information regarding the cookies that exist on the computer or device. We make commercially reasonable efforts to automatically filter certain personal information collected from our Panelists such as password, credit card numbers, and account numbers. However, we may collect such information about our panelists. We make commercially reasonable efforts to destroy or encrypt any confidential personal information that is not filtered automatically. We also audit our processes on a regular basis to refine our collection methods to prevent the collection of this information going forward.

When we collect information transmitted during a secure session, such as any activity that takes place across the HTTPS protocol, we take reasonable precautions to protect the security of the information that we collect. For example, such information may be transmitted from your device to our software through a secure connection and then from our software to the destination server through a second secure connection.

We may use cookies and other technology to collect general hardware, software, computer or device configuration information about the computer on which you install our software or any connected device, including information about the speed of the computer processor, its memory capacity, Internet connection speed, and device type and configuration. In addition, our software may collect information about the devices connected to your computer or your network, such as the type of printer or router you may be using.

In addition to the information that we collect as described above, we may collect basic information from you or from other parties when you sign up to participate in our Panel. This information may include, for example, your contact information, demographic information that you provide to us and/or our affiliates, information from companies that referred you to us or through which you inquired about this Panel, or information that you provide to us through your participation in the Panel. We may combine this information with any information that you provide to us, any information that we collect when you choose to participate in a survey, any digital consumption behavior information that we collect as described in this policy, and any other information that we collect from or about you.

Information Collected from Third Parties. In addition to information collected through our software, we may also collect data about you from third parties, as described in more detail below. These third parties may include our service providers collecting your information on our behalf, as well as companies such as information resellers, search engines, email providers, social networks and other application service providers whose Internet sites or applications you use. Your agreement to this Privacy Policy shall serve as your consent to allow us to request data about you from such third parties, including personal information, and to combine that information with the information that you provide to us or that we collect through your participation in the Panel.

For example, we may use third parties, including television and mobile communication service providers, website and application operators, social media platforms, consumer preference reporting companies, and credit reporting agencies, to obtain information about your online web browsing activities, your television viewing behavior (such as programs that you watch and record, your usage of your set-top box, your consumption of on-demand programming and over-the-top content, and your usage of interactive television applications), your interests, your use of credit, and your usage of applications, social media platforms, and your mobile device(s), and we may integrate such data with the data that you provide to us or that we collect from you in connection with your participation in our Panel, provided that our acquisition and processing of such information adheres to the privacy principles included in this Privacy Policy. This information may identify the content that you view on the websites that you visit or the applications you use, which may further provide comScore with information about your affiliations, interests, and other traits. We may also share information with and receive information from third parties who help us enhance our data, such as providing additional demographic information.

How is the collected information used?

We may use the information collected through your participation in our Panel and your survey responses, combined with information from other sources, to make predictions and evaluations about current and future digital consumption behavior. We make this data available so that our customers may enhance their own understanding of digital consumption trends.

Additionally, we may use the personal information that you provide to us to operate and improve our products and services, including this Website; to communicate with you; to provide you with information or services that you have requested; and to provide our products and services to our customers. We may use and disclose any information that is aggregated or de-identified so that it does not identify you personally, in our discretion.

You also agree that we may use the information we have collected from you to identify your use of search engines, email providers, social networks and other application service providers whose Internet sites you visit.

How is the information disclosed?

We make the data that we collect available to companies that are our customers, so that they may enhance their own understanding of digital consumption behavior and online commercial trends. Such reports are commonly provided in the form of aggregate data. However, we may also provide data to our customers in the form of unprocessed individual records. Our customers may combine, use, and disclose the information that we provide to them according to their own privacy policies.

We may also share any personal information that you provide to us as described below, such as:

  • With our vendors, consultants, agents, contractors, and other service providers that we use to support our business;
  • To provide you with any information or services that you request;
  • To respond to subpoenas, court orders, and other legal process, or as otherwise required by law;
  • To exercise our legal rights or defend against legal claims, to enforce our contracts, to investigate, respond to and resolve problems or inquiries (including governmental inquiries), or to permit us to pursue available remedies or limit the damages that we may sustain;
  • In connection with an actual or potential merger, sale, acquisition, assignment, or transfer of all or part of our assets, affiliates, lines of business, or products, including at bankruptcy;
  • With our affiliates, subsidiaries, or parent companies; and
  • With your consent.

We may use and disclose any information that is aggregated or de-identified so that it does not identify you personally, in our discretion.

We may also share information that we collect from or about you and information collected through your participation in our Panel with a select group of companies that have asked VoiceFive to provide special research services (our “Partners”). We may share any of the information that we collect under this Privacy Policy with our Partners, including personal information, and we may add new Partners at any time. To learn about the companies with which we share your information for market research purposes, please visit our Partners List. Some of these Partners may be able to match this information with your personal information. These Partners are companies who have referred you to us and requested that we provide them with information about your participation in our panel. These Partners may combine the information that we provide to them with any information that they have separately collected about you, and they may use this information to create a variety of reports, including market research reports.

Third-Party links and services

Our Website may contain links to third-party websites. We do not control these linked websites and this Privacy Policy does not apply to those websites. We encourage you to read the privacy policy of any third-party website that you visit before you provide any information to that website’s owner.

What if you wish to stop participating in this Panel?

You may contact us at the support address listed below to do any of the following:

  • Change your communication preferences;
  • Stop receiving survey offers without opting out of participation in the Panel; or
  • Terminate your account.

To stop participating in our Panels, please remove our software from your computer. If you remove our software without changing your communication preferences, you still may be contacted for administrative purposes or for special participant opportunities.

Please note: we may continue to use information collected during the time that you participated in the Panel, but all such information remains fully subject to, and governed by, the Privacy Policy that was effective at the time the information was collected.

We do not react to Do Not Track Signals because there is no standard for how those signals are sent.

Can you review and revise your personal information?

If you would like to access, modify, and/or request deletion of any personal information you have provided to us through our Website, you may contact us through the support form on our Website, or email our support staff at the email address provided below.

How will you be notified of changes to this Privacy Policy?

We reserve the right to modify or update this Privacy Policy periodically. If we change our practices with respect to your information, we will notify you by posting a revised Privacy Policy on this Website with a new effective date, and the changes will be effective immediately upon such posting. We encourage you to revisit this Privacy Policy periodically to stay informed about our practices with respect to your information.

International Visitors and the EU-U.S. Privacy Shield and Swiss-U.S. Privacy Shield Frameworks

If you visit our Website or participate in our Panel from locations outside of the United States, please note that any information you provide to us through your use of our Website or your participation in the Panel may be transferred to and processed in countries other than the country from which you accessed our Website or participated in our Panel, including the United States where our central database is operated. Subject to the next paragraph below, please be aware that the United States, and other countries in which your data may be maintained, may not offer an equivalent level of protection as provided for in your country.

comScore Inc. complies with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Economic Area and Switzerland to the United States. To learn more, please view our EU-U.S. Privacy Shield and Swiss-U.S. Privacy Shield Statement

For individuals located within the European Economic Area (“EEA”): EU-U.S. Privacy Shield and Swiss-U.S. Privacy Shield Statement If you visit our Website or participate in a Panel or a program from locations within the EEA, please review our GDPR Privacy Policy here. Our GDPR Privacy Policy includes additional information relating to the processing of ‘personal data’ and the exercise of rights under the General Data Protection Regulation 2016/679.

Whom can you contact if you have additional questions?

The Panel sponsor is VoiceFive, Inc., a Delaware, U.S.A. corporation. If you have any questions about the above Privacy Policy, our practices or your interactions with this Website and this Panel, you may contact the Panel sponsor at:

privacy@voicefive.com

11950 Democracy Drive
Suite 600
Reston, VA 20190
USA
For any support issues, please contact: support@voicefive.com.

Last modified: December 19, 2017

These Terms of Service (the “ Terms of Service ”) govern your use of the websites located at TMRGInc.com, RelevantKnowledge.com, PremierOpinion.com, DigitalReflectionPanel.com, and VoiceFive.com (each a “Site”), which are operated by comScore, Inc. (“we,” “us,” or “our”). The Terms of Service also govern your use of any software, applications, configuration files, meters, or other tools or programs (collectively, “Software”), that you access, use, or install in connection with your participation in our panels or surveys. Your agreement to the Terms of Service is a condition precedent to using this Site and the Software (collectively, the “System”). If you are a Software user, please pay particular attention to the “Software License & Ownership” and “Restrictions on Use” sections below.

BY CLICKING THE “ACCEPT” BUTTON, USING THE SITE, AND/OR DOWNLOADING THE SOFTWARE, YOU ACCEPT THESE TERMS OF SERVICE AND AGREE TO BE LEGALLY BOUND BY ITS TERMS, AND YOU ACKNOWLEDGE AND AGREE TO THE PRIVACY POLICY.

Table of Contents

Binding Effect; Modification to these Terms of Service

These Terms of Service are a binding agreement. We will post a notification on this System in the event of any material changes to these Terms of Service. Such changes, whether in the form of modifications, additions, or deletions, shall be effective when specified in the relevant notification or, if the change is immaterial, immediately upon appearing on this System. We will not be liable if, for any reason, all or part of this System is ever unavailable. From time to time, we may restrict access to all or some of this System. Please check these Terms of Service periodically for changes. Your continued use of this System following our posting of any changes to these Terms of Service means that you accept those changes. Without limitation to the foregoing, this provision does not apply in New Jersey.

Age Requirements for General Use of this System

Use of and participation on the System is restricted to those individuals who are at least 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties herein. By registering or participating in services or functions on the System, you hereby represent that you are at least 18 years of age.

Use of the Software is additionally restricted to those individuals:

  • that are not employed or related to an individual employed by a market research company other than by us or our affiliates;
  • that allow their computers to be configured to use the Software; and
  • that agree and allow the Software to operate as described herein, including allowing the Software to automatically upgrade provided that any such upgrades do not change the functionality of the Software beyond what is described in these Terms of Service and the Privacy Policy.

Software License and Ownership

Subject to these Terms of Service and the Privacy Policy., we hereby grant you a limited, non-exclusive and non-transferable right and license to access and use the Software, solely for your own use and enjoyment and to participate in any panels and surveys. We have no obligation to deliver or otherwise make available to you any copies of any Software, whether in object code or source code form.

As between you and us, all trademarks, service marks, patents, copyrights, trade secrets and other proprietary and intellectual property rights (collectively, “IPR”) in or related to the Software, and our confidential information and any Derivative Works (as defined below) for any of the foregoing regardless of who created it (collectively, “Our Assets”) are and shall remain our exclusive property, whether or not specifically recognized or perfected under local applicable law. Our Software incorporates and implements patented technologies. For more information visit http://www.comscore.com/patents .

You shall not take any action that jeopardizes or could jeopardize Our Assets. Upon our reasonable request, you shall execute and deliver to us all instruments and other documents, and shall take such other actions reasonably requested by us, so that we may protect and defend our rights in and to Our Assets.

Restrictions on Use

Solely for Personal or Internal Use: You may browse this System and all associated content solely for your personal use. This System or any portion of this System may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.

Accuracy of Information as Condition to System Access: To access parts of this System or some of the resources it offers, you may be asked to provide certain, sometimes personal, information. It is a condition of your use of this System that all the information you provide on this System is correct, current and complete.

Restricted Transmission: You agree not to use any device, software or routine to interfere with the proper functioning of the System. In using the System, you may not:

  • transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including images and language;
  • transmit any message that constitutes, or encourages or incites conduct that would constitute, a criminal offense or gives rise to civil liability;
  • transmit or solicit any information, software or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or Derivative Works (as defined below) with respect thereto, without first obtaining permission from the owner or right holder;
  • transmit any information, software or other material which contains a virus or other harmful component;
  • use any software, tool, data, device or other mechanism to navigate or search the System other than the search engine provided by us or generally available browsers;
  • frame or utilize framing techniques to enclose any aspect of this System, including any trademark, logo, or other proprietary information (including, but not limited to, images, text, page layout, or form) without our express written consent; or
  • use any metatags or any other “hidden text” utilizing our name or trademarks without our express written consent.

Other Restrictions: Additionally, you are prohibited from violating or attempting to violate any security features of this System, including, without limitation:

  • accessing content or data not intended for you or logging onto a server that you are not authorized to access;
  • attempting to probe, scan, or test the vulnerability of this System, or any associated system or network, or to breach security or authentication measures without proper authorization;
  • interfering or attempting to interfere with service to any visitor, host, or network, including, without limitation, by means of submitting a virus to this System, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing”;
  • using this System to send commercial e-mail, including, without limitation, promotions, or advertisements for products or services;
  • forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting;
  • transferring, distributing, selling, leasing, licensing or otherwise making any aspect or portion of the System available to a third party;
  • reproducing, copying, translating, modifying, adapting, decompiling, disassembling, creating any derivative work of, translation of, enhancement, upgrade, addition, development or improvement to an underlying intellectual property asset (“Derivative Works”) of the System, or reverse engineering the object code version of or otherwise attempt to secure the source code of all or any part of the System or access the System in order to build a similar or competitive product or service;
  • obfuscating, removing or altering any of the logos, trademarks, internet links, patent or copyright notices, confidentiality or proprietary legends or other notices or markings that are on or in the System; or
  • accessing or using the System in any way that is adverse to our then current acceptable use policies and agreements.

In addition to breach of contract claims, any violation of system or network security may additionally subject you to civil and/or criminal liability.

Copyrights, Trademarks, and Other Proprietary Rights of the Site

When accessing this System, you agree to obey the law and to respect the IPR of others. You agree that you shall be solely responsible for any violations of any relevant laws and for any infringement of third-party rights caused by any Visitor Content (defined below) that you provide or transmit to us.

All content on this System, including text, hidden text within our source code, software, photos, video, graphics, music and sound, is subject to protection by copyright, trademark, and other proprietary rights. In addition, the entire content of the Site is copyrighted as a collective work under the United States copyright laws, and we own the copyright in the selection, coordination, arrangement and enhancement of such content.

All trademarks appearing on this System are the property of their respective owners, including, in some instances, us and/or our partner companies. Unless expressly stated herein, nothing contained on this System should be understood as granting you a license to use any of the copyrights, trademarks, service marks, or logos owned by us or by any third party.

You may print or have printed by any third party any downloadable material contained on this System provided that: (a) the material is solely for non-commercial and personal use; (b) no copyright, author attribution, trademark, legend or other proprietary notice is removed from the material; and (c) the material is not altered in any manner. You acknowledge that you do not acquire any ownership rights by downloading or printing copyrighted material.

User Communications; Visitor Content

You are and shall remain solely responsible for the content of any creative materials, including creative suggestions, ideas, notes, drawings, photographs, concepts or other information or communications, including any data, questions, comments, suggestions, or the like (collectively the “Visitor Content”) you transmit to us via this System, the Internet, e-mail or otherwise. You agree that all Visitor Content you submit to us is owned by you, and you hereby grant to us the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create Derivative Works from, distribute, perform, and display Visitor Content and to incorporate any Visitor Content in other works in any form, media, or technology now known or later developed, including, but not limited to, the right to publish Visitor Content or use Visitor Content on our System or in advertising of any type, with no obligation to pay you any consideration. We will not be required to treat any Visitor Content as confidential, and we may use Visitor Content in our business (including, without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind or as a result of any similarities that may appear in our future operations. Visitor Content does not include any personally identifiable information, such as your name, e-mail address, physical address, phone number(s), and credit card information, all of which is subject to the privacy standards set forth in our Privacy Policy, which is expressly incorporated into these Terms of Service by this reference.

Sweepstakes, Contests and Promotions

We may provide links and pointers to Internet sites maintained by others (“Third-Party Sites”) as well as the location of participating retailers. We have not reviewed all of the Third-Party Sites linked to this System and are not responsible for the contents of or any products or services offered in such Third-Party Sites. Also, access to participating retailers does not constitute an endorsement by us or any of our subsidiaries or affiliates of any retailers, or the resources, products or services offered by them. We have no responsibility or liability for these Third-Party Sites’ independent policies or actions and are not responsible for the privacy practices or the content of such Third-Party Sites or retailers. Likewise, we are not the seller of products purchased from such retailers and are in no way responsible for shipping their products. While we provide links and locations of participating retailers and vendors who sell their products on-line, we cannot control the completion or validity of the transactions of such retailers and vendors or the content of their Third-Party Sites. These Third-Party Sites and store locations are only for your convenience and therefore you access them at your own risk. However, we seek to protect the integrity of this System and the links placed upon it. We therefore welcome any feedback on not only our own System, but also for Third-Party Sites and retailers we link to and/or identify on our System as well (including if a specific link does not work).

Disclaimer

THIS SYSTEM AND THE INFORMATION, GRAPHICS, MATERIALS AND PRODUCTS IN THIS SYSTEM ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS SYSTEM, INCLUDING, BUT NOT LIMITED TO, THIS SYSTEM’S INFORMATION, PRODUCTS, GRAPHICS AND/OR OTHER MATERIALS, WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SYSTEM, INCLUDING, BUT NOT LIMITED TO, THE HARDWARE AND INFRASTRUCTURE THAT MAKE IT AVAILABLE, IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SYSTEM OR THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.

Further, all of the information in this System, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this System, and we do not undertake any obligation to update such information after it is posted or to remove such information from this System if it is not, or is no longer, accurate or complete.

Limitation of Liability

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE AND OUR LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, MEMBERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, AND MANAGERS SHALL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, LOSS OF DATA, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED TO THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THIS SYSTEM OR THE PERFORMANCE OF OUR PRODUCTS OR SERVICES, EVEN IF WE (OR OUR AUTHORIZED REPRESENTATIVE(S)) HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL THE COLLECTIVE LIABILITY OF US AND OUR LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, MEMBERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, AND MANAGERS TO OR THROUGH YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT OR TORT, IF YOU ARE A USER OF THE SITE AND NOT THE SOFTWARE, EXCEED $100, OR IF YOU ARE A USER OF THE SOFTWARE, THE TOTAL LICENSE FEES PAID TO US IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE CAUSE OF THE CLAIM.

Indemnification

You agree to indemnify, defend, and hold harmless us, our subsidiaries and affiliates, and our and their members, managers, officers, directors, employees, agents, licensors, retailers and suppliers (collectively, the “Service Providers”) from and against all claims (whether or not such claims are merely alleged, settled or finally adjudicated), losses, expenses, damages and costs, including reasonable attorneys’ fees, costs, and expenses resulting from any violation of these Terms of Service or any activity related to your account and use of the Site (including negligent or wrongful conduct) by you or any other person accessing this System using your Internet account. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you at your expense, and you shall not in any event settle or otherwise dispose of any matter without our prior written consent.

Notices

We may give you responses or notices by e-mail to the address most recently provided by you, posting to this System, or by written communication sent by U.S. Postal Service and/or FedEx to the address most recently provided by you.

Disputes

Governing Law: These Terms of Service and your use of this System shall be governed by and construed for both substantive and procedural purposes in accordance with the laws of the State of New York, U.S.A., without giving effect to any principles of any choice of law provisions.

Timing of Claims: Any cause of action or claim you may have with respect to this System (including, but not limited to, the purchase of products) must be commenced within one (1) year after the claim or cause of action arises.

Arbitration and Venue: In the event of any controversy or claim arising out of or relating to this these Terms of Use, including any question regarding its existence, validity, termination or breach thereof, the parties hereto shall consult and negotiate with each other and, recognizing their mutual interests, attempt to reach a satisfactory solution. If they do not reach settlement within a period of sixty (60) days, then, upon notice by any party to the other(s), any unresolved controversy or claim shall be settled by arbitration administered by the International Centre for Dispute Resolution (“ICDR”) (www.icdr.org) in accordance with the provisions of its International Arbitration Rules. The place of arbitration shall be in New York City, New York, U.S.A. The number of arbitrators shall be one. The language to be used in the arbitral proceedings shall be English. Except as may be required by law, neither a party nor its representatives may disclose the existence, content, or results of any arbitration hereunder without our prior written consent. The European Union also operates an online dispute resolution platform which can be found at www.ec.europa.eu/consumers/odr.

Final Arbitration: The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. The testimony, evidence, ruling and all documentation regarding any arbitration shall be considered confidential information. Neither party may use, disclose, or divulge any such information unless otherwise required by law.

Class Action Waiver: To the fullest extent permitted by applicable law, no arbitration under these Terms of Service shall be joined to an arbitration involving any other party subject to these Terms of Service, whether through class arbitration proceedings or otherwise. You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR WE WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER VISITORS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one (1) person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.

Exclusions

Some jurisdictions, such as the State of New Jersey, do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, in certain jurisdictions, some of the above provisions may not apply to you; all other provisions of these Terms of Service remain in full force and effect.

Miscellaneous

Our failure to insist upon or enforce strict performance of any provision of these Terms of Service shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms of Service. We may assign our rights and duties under these Terms of Service to any party at any time without notice to you and without your express consent. You will not assign any of your rights or delegate any of your obligations under these Terms of Service without our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms of Service. If any provision of these Terms of Service shall be held unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions. These Terms of Service, together with our Privacy Policy, constitute the entire agreement between the parties pertaining to the subject matter hereof and supersedes in their entirety any and all written or oral agreements previously existing between the parties with respect to such subject matter. Some people who endorse our services may receive consideration for their endorsement.

Questions

If you have any questions or comments regarding these Terms of Service, our Privacy Policy, or this System, please feel free to contact us by e-mail at privacy@comscore.com.