These Terms and Conditions (these “Terms”) govern and apply to your use of Progresso Research’s services, including, without limitation, (1) membership with an Progresso Research panel or subpanel, including, without limitation, PROFLUENCE (individually a “Panel”), (2) use of and/or access to any Panel website (individually a “Website” and collectively the “Websites”), (3) participation in any survey or study offered, provided, hosted or administered by or through Progresso Research, and (4) your eligibility for, and/or redemption of, rewards, incentives and prizes offered for certain actions and activities, including, without limitation, successfully completing surveys (collectively, the “Services”).
All references in these terms to “Progresso Research” include Progresso Research, Inc. and its parents, subsidiaries and affiliates. All references in these Terms to “us” or “we” refer to Progresso Research.
By accessing, using and/or participating in the Services you hereby expressly agree to comply with, and be bound by, these Terms.
Progresso Research reserves the right to refuse, restrict, prohibit or reject your access to, use of, and/or participation in the Services, at any time and for any reason.
Panel membership is generally open to individuals who satisfy the requirements for membership, including, without limitation, the minimum age requirement and geographic location requirement. The requirements for Panel membership may vary for each Panel. We only allow one member per unique email address. Progresso Research may refuse to provide the Services to anyone, at any time and for any reason or no reason.
Use of the Services
The Services are for personal, non-commercial use. You may use the Services only when and as available. Progresso Research reserves the right to change, modify or eliminate, and/or restrict or block access to, all or any part of the Services, without notice, at any time, for any reason or no reason.
Progresso Research provides Panel members and non-Panel members with the opportunity to participate in surveys. Participation in surveys is voluntary. By agreeing to become a Panel member, you agree to receive invitations to participate in surveys. Additionally, Progresso Research may provide Panel members with the opportunity to communicate with other Panel members and/or Progresso Research. You may unsubscribe from Panel membership at any time, see Section 10 “Opt Out Policy” below.
Panel Registration; Passwords.
You may access any Website(s) as a visitor without registering for membership with the Panel associated with the Website(s) and without providing or disclosing personal information.
In order to register as a Panel member, you must register with or for the Panel and provide certain personal information. Panel members and non-Panel members are required to truthfully provide all information. Progresso Research reserves the right to restrict or prohibit your use of, access to and/or participation in the Services if you provide, or Progresso Research reasonably suspects that you have provided, information that is untrue, inaccurate, not current or incomplete.
Progresso Research will either: (i) issue a user name and password to a Panel member, or (ii) permit a Panel member to create his/her own user name and password. Panel members are solely responsible for the security of their user names and passwords and will be solely liable and responsible for any use, whether authorised or unauthorised, of their membership accounts. Progresso Research strongly recommends against the use of a social security number, financial account number, or any other identification or account number, as a user name or password.
Panel membership is specific to the individual who registers for membership with the Panel.
You acknowledge that you are accessing, using and/or participating in the Services in the capacity of an independent contractor, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this agreement.
You agree not to: (i) use spiders, robots or other automated data mining techniques to catalogue, download, store, or otherwise reproduce or distribute data or content available in connection with the Services, or to manipulate the results of any survey, prize draw or contest; (ii) take any action to interfere with any Website(s) or an individual’s use of any Website, including, without limitation, by overloading, “flooding”, “mail bombing” or “crashing” any Website; (iii) send or transmit any viruses, corrupted data, or any other harmful, disruptive or destructive code, file or information, including, without limitation, spyware; (iv) collect any personally identifiable information of or about any other user of the Services; (v) send unsolicited emails, including, without limitation, promotions and/or advertising of products or services; (vi) open, use or maintain more than one (1) membership account with a Panel; (vii) Forge or mask your true identity; (viii) frame a portion(s) of any Website within another website or alter the appearance of any Website; (ix) establish links from any other website to any page of, on or located within any Website or to the Services, without the prior express written permission of Progresso Research; (x) post or transmit any threatening, libelous, defamatory, obscene, pornographic, lewd, scandalous or inflammatory material or content or any material or content that could otherwise violate Applicable Laws (as defined herein); (xi) engage in any fraudulent activity, including, without limitation, speeding through surveys, taking the same survey more than once, masking or forging your identity, submitting false information during the registration process, submitting false or untrue survey data, redeeming or attempting to redeem rewards, prizes and/or incentives through false or fraudulent means, and tampering with surveys; (xii) reverse engineer any aspect of the Services or do or take any act that might reveal or disclose the source code, or bypass or circumvent measures or controls utilized to prohibit, restrict or limit access to any webpage, content or code, except as expressly permitted by Applicable Laws; (xiii) engage in any criminal or illegal act(s); (xiv) use Restricted Content (as defined herein) in violation or breach of these Terms; or (xv) encourage and/or advise any individual, including, without limitation, any Progresso Research employee, to commit any act(s) prohibited here under.
You acknowledge and agree that Progresso Research will fully cooperate with all legal disclosure request(s) (e.g. court order or subpoena).
In connection with your use of, access to and/or participation in the Services, you may have the opportunity to review or access confidential and proprietary information, materials, products and content (“Restricted Content”) belonging to Progresso Research and/or Progresso Research’s clients, partners and/or licensers. Restricted Content is and shall remain the sole and exclusive property of the owner of the Restricted Content. In no event shall you obtain or receive any right, title and/or interest in or to any Restricted Content. You agree to protect the confidentiality and secrecy of the Restricted Content and you agree not to modify, copy, reproduce, republish, display, transmit, distribute, reverse engineer, create derivative works of, decompile, or otherwise use, alter or transfer Restricted Content without the prior express written consent of Progresso Research. You acknowledge and agree that Restricted Content may be subject to, and protected by, intellectual property laws, regulations and codes. You further acknowledge and agree that if you breach or otherwise violate the restrictions, limitations and prohibitions contained in this Section, in addition to any other rights or remedies available to Progresso Research, Progresso Research reserves the right to terminate, prohibit or restrict your use of, access to and/or participation in the Services.
You are solely liable and responsible for all content, materials, information and comments you use, upload, post or submit in connection with the Services (“User Content”). You are solely responsible for all third party approvals, consents and/or authorisations required for User Content. If you submit User Content, the User Content may become publicly available and may be shared with third parties including, without limitation, Progresso Research’s clients, clients of Progresso Research’s clients and third party service providers. User Content should only include audio, video, images, or the likeness of the individual submitting the User Content and should not contain copyrighted or trademarked content or material of any third party. User Content should not include audio, video, images or the likeness of anyone other than the user. You will not receive compensation for any User Content.
By using, uploading, posting or submitting User Content in connection with the Services, you hereby grant to Progresso Research a perpetual, irrevocable, unlimited, transferable, sub-licensable, world-wide, royalty free, right and license to edit, copy, transmit, publish, display, create derivative works of, reproduce, modify, distribute and otherwise use, modify or distribute your User Content in any manner, without compensation or notice.
You are solely responsible for the User Content, Progresso Research does not and cannot review all User Content and Progresso Research is not responsible for the User Content. Progresso Research reserves the right to delete, move or edit User Content, that is, in Progresso Research’s sole discretion, deemed to: (i) violate these Terms, (ii) violate copyright or trademark laws, or (iii) be abusive, defamatory, obscene or otherwise unacceptable.
In connection with your use of the Services, you may have the opportunity to earn rewards, incentives and entries into prize draws or sweepstakes. Information, official rules and terms and conditions for rewards, incentives and prize draws or sweepstakes may be available on the Website for a Panel, at the beginning or end of a survey, in survey invitations, on the website(s) for redeeming rewards, incentives and prizes, and/or may be described in any newsletter or other communication distributed or published by Progresso Research. Rewards, incentives and prizes are non-transferrable.
Panel members agree to promptly notify Progresso Research of any changes in or to information contained in their member profile. Panel members agree to review and update, as necessary, membership profiles no less frequently than once every six (6) months. A Panel member may update, correct and/or delete information contained in his or her membership profiles by: (i) accessing his or her Panel membership account; or (ii) sending an email to the appropriate Panel member services team for the appropriate Panel.
In connection with your use of the Services, you may be able to voluntarily link or connect to websites maintained and/or operated by third parties (“Third Party Websites”). Progresso Research does not endorse any Third Party Website nor any products, services and/or opportunities advertised, offered and/or sold by, through or in connection with any Third Party Website (“Third Party Information”). Progresso Research does not make any representations or warranties regarding the Third Party Websites and/or the Third Party Information. Please carefully review all policies and terms applicable to the Third Party Websites and the Third Party Information.Communications with Progresso Research.
All communications (excluding personal information) and User Content submitted or transmitted by You to Progresso Research, by electronic mail or otherwise, shall be treated as non-confidential and non-proprietary information, unless specifically indicated by You either prior to, or contemporaneously with, the submission or transmission of such communications and User Content. You agree that any such communications and User Content may be used by Progresso Research for any legal reason.
THE SERVICES, INCLUDING ALL INFORMATION, SURVEYS, CONTENT, MATERIAL, COMMENTARY AND SERVICES MADE AVAILABLE ON, OR THROUGH, THE SERVICES, ARE PROVIDED “AS IS”. PROGRESSO RESEARCH DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER IN CONNECTION WITH ANY INFORMATION, CONTENT, MATERIAL, COMMENTARY, SURVEYS, PRODUCTS OR SERVICES MADE AVAILABLE ON, OR THROUGH, THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY USER CONTENT. FURTHER, PROGRESSO RESEARCH HEREBY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PROGRESSO RESEARCH DOES NOT WARRANT THAT THE TOOLS, TECHNOLOGY OR FUNCTIONS CONTAINED IN THE SERVICES OR ANY CONTENT, MATERIAL, COMMENTARY, INFORMATION AND/OR SERVICES CONTAINED THEREIN, WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SYSTEMS OR THE SERVER(S) THAT SUPPORT THE SERVICES AND MAKE THE SERVICES AVAILABLE WILL BE CORRECTED, OR THAT THE SERVICES AND/OR THE SYSTEMS AND/OR THE SERVER(S) THAT SUPPORT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PROGRESSO RESEARCH DOES NOT PROVIDE ACCESS OR CONNECTION TO THE INTERNET AND IS NOT AND SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE ACTIONS OR OMISSIONS OF THIRD PARTIES THAT INTERFERE WITH, LIMIT, RESTRICT OR PREVENT ACCESS OR CONNECTION TO, OR USE OF, THE SERVICES.
Progresso Research hereby reserves the right, in Progresso Research’s sole discretion, to make changes to these Terms. Progresso Research encourages you to review these Terms on an ongoing basis. Progresso Research will obtain your consent prior to changes that are of such nature that consent is needed or required. For changes that do not require consent, your continued use of, access to and/or participation in the Services does and will constitute your acceptance of these Terms as amended.
You agree to indemnify, defend and hold harmless Progresso Research and its parent, affiliated and subsidiary companies and its and their respective members, managers, shareholders, directors, officers, employees and agents from and against any and all claims, liabilities, losses, judgments, awards, fines, penalties and costs and/or expenses of any kind, including, without limitation, reasonable lawyers’ fees and court costs, arising out of, resulting from, or caused by, whether directly or indirectly,: (i) your breach or violation of these Terms; and/or (ii) your use of, participation in and/or access to the Services.
Limitation of Liability.
EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAWS, YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL PROGRESSO RESEARCH BE LIABLE, OR OTHERWISE RESPONSIBLE, TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR PUNITIVE DAMAGES, FOR ANY REASON(S) OR FOR ANY CAUSE(S), REGARDLESS OF WHETHER PROGRESSO RESEARCH IS INFORMED OF THE RESPONSIBILITY THE SUCH DAMAGES MAY EXIST.
ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SERVICES AND/OR THESE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE.
Compliance with Applicable Laws.
You acknowledge and agree that you will comply with all applicable international, national, Federal, state and/or local laws, codes, regulations, rules and/or requirements (“Applicable Laws”) regarding your use of, participation, in and/or access to the Services.
Suspension; Termination; De-Activation of Panel Membership Accounts.
Either party may terminate your membership with a Panel at any time, with or without cause, for any reason or no reason, and without liability for the termination.
In addition to any and all other available remedies, Progresso Research may, without notice, suspend and/or terminate your use of, access to and/or participation in the Services if you are in breach or violation of these Terms. If Progresso Research terminates your membership due to your breach or violation of these Terms: (i) you forfeit all rights, title and interest in and/or to all unredeemed rewards, incentives and/or prizes, effective upon termination; (ii) your membership will immediately be cancelled; (iii) your access to, participation in and use of the Services will immediately cease, and (iv) you will not be allowed to participate in surveys offered through the Services. In the event that a non-Panel member breaches or otherwise violates these Terms, such non-Panel member hereby agrees that: (a) all rights, title and interest in and/or to all unredeemed rewards, incentives and/or prizes (if any), will be forfeit effective upon termination; and (b) access to, use of and participation in the Services will immediately cease.
In addition, Progresso Research reserves the right to de-activate your Panel membership account: (a) if your membership account does not remain Active (as defined herein); (b) if Progresso Research receives a hard bounce or delivery failure notice in regards to email communications sent by Progresso Research to your email account; or (c) if Progresso Research receives a “mailbox full” reply notice three (3) times in regards to email communications sent by Progresso Research to your email account. For the purpose of these Terms, “Active” means that you: (i) participate in a survey, at least, once every six (6) months; or (ii) update your profile or member information once every six (6) months.
In the event of deactivation, termination by you, or termination by Progresso Research (other than for your breach or violation of these Terms), Progresso Research shall maintain unredeemed rewards, incentives and/or prizes active and available for you to redeem for a period of thirty (30) days following de-activation or termination.
Progresso Research Employees.
Restriction. Progresso Research employees and their Immediate Family Member(s) (as defined herein) are not eligible to receive any payments, prizes or incentives for using, participating in, or accessing the Services. For the purpose of this Section 20, the term “Immediate Family Member(s)” includes parents, spouses, children or significant others (i.e. girlfriends/boyfriends, domestic partners and spousal equivalents).
Procedures. Progresso Research’s employees may use, access or participate in the Services, only after receiving written permission from their respective manager, and only for the sole purpose of improving Progresso Research’s products and/or services. Progresso Research’s employees must always be honest and report accurate information in connection with using, accessing or participating in the Services. If altered, false or untrue information or data must be used, prior consent and approval must be received from Progresso Research’s Chief Executive Officer.
Improper Conduct. Unless authorised pursuant to these Terms or otherwise approved in writing by Progresso Research’s Chief Executive Officer, the violation of the terms of this Section 20 by an Progresso Research employee and/or its Immediate Family Member(s) is a violation of Progresso Research’s standards of conduct and any such violation may subject the employee to discipline, including, without limitation, termination of employment.
Notice From You to Progresso Research. Except as otherwise set forth herein, or as required by Applicable Laws, all notices to be sent or provided to Progresso Research should: (i) be correctly addressed to the applicable business address, and shall be sufficiently delivered if delivered: (a) by Federal Express, Express Mail or other nationally or internationally recognised overnight courier service (in which case notice shall be effective one (1) business day following dispatch); or (b) by certified mail, return receipt requested, postage prepaid (in which case notice shall be effective six (6) days following deposit in mail); or (ii) be sent via email to the appropriate member services team for the appropriate Panel.
Notice From Progresso Research to You. Except as otherwise required by Applicable Laws, you agree that Progresso Research may provide notices to you: (i) via the email address provided by you to Progresso Research (in which case notice shall be effective one (1) day following the date the email was sent, provided that Progresso Research did not receive an error message stating that delivery of the email was delayed, that the email address was invalid, or that the email otherwise could not be delivered); (ii) by certified mail, return receipt requested, postage prepaid addressed to the address provided by you to Progresso Research (in which case notice shall be effective six (6) days following deposit in mail); or (iii) by posting notices on the applicable Website(s). You agree to check the applicable Website(s) frequently for notices and to keep your personal information up-to-date.
Legal Notice. All questions regarding these Terms and all legal notices should be sent, in accordance with Section 21.A. of these Terms, to: via email to: email@example.com
If any term or provision of these Terms shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such term or provision shall be deemed null and void and shall not affect the application and/or interpretation of these Terms. The remaining terms or provisions of these Terms shall continue in full force and effect, as if the invalid or unenforceable term or provision was not a part of these Terms.
The headings contained in these Terms are for reference only and shall have no effect on the interpretation and/or application of these Terms. Progresso Research’s failure to enforce a breach by you of these Terms shall not waive or release you from such breach and shall not waive, release or prevent Progresso Research from enforcing any subsequent breach by you of these Terms. These Terms, any rules, terms or policies referenced herein or incorporated herein, and any Panel specific requirements, represent the entire understanding and agreement between Progresso Research and you with respect to the subject matter hereof.