Effective Date: December 19, 2017

VoiceFive, Inc. ("VoiceFive" or referred to as “we”, “us”, or “our”), is a wholly owned subsidiary of comScore, Inc. (“comScore”). We are a professional market research company that conducts research projects with participants from around the world. In most cases, these participants take surveys to share their opinions with us. This Privacy Policy describes the information practices of VoiceFive with respect to the collection, use, and disclosure of information gathered from the VoiceFive survey services as well as information gathered from visitors to the VoiceFive website, www.voicefive.com (the “Website”). If you have been asked to take a VoiceFive survey, you will find the privacy policy that relates to that online survey project below.

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.

VoiceFive also manages several market research panels. Each of these panels has its own website with a description of the panel, the type of research performed, and the sponsors of this research. The privacy policies for these panels can be found at the respective panels’ websites, a list of which can be found here.

What information is collected?

Information Collected through the Website.  We may collect personal information through our Website when you provide it to us. For example, if you contact us through our Website, we may collect your email address and any personal information that you voluntarily provide to us in your message.

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

Survey Information.  We may collect information about you through your responses to our surveys. Please note that we use cookies to provide our surveys to you. You may be able to view and delete these cookies using the features of your browser. Please note that if you configure your browser not to accept cookies, you may not be able to participate in our surveys and programs.

If you elect to participate in a survey, we require that you provide complete and accurate information about yourself and your household. The information that we collect through the survey opportunities that we provide to you may include personal information.

We may also collect your email address to provide you with any incentives that we may offer to encourage you to participate in our surveys. We do not include any personal information that you provide to us in our market research reports.

VoiceFive also conducts surveys for third parties, and may set cookies in support of those survey efforts. One such partner is Google. To opt-out of receiving VoiceFive studies on the Google Network, you can click here. If you choose to opt-out, a cookie will be placed on your browser that will prevent you from receiving other studies from VoiceFive while on the Google Network. However, if your browser does not accept cookies, or if you delete all of your cookies, then you may be presented with other studies from VoiceFive while on the Google Network. Additionally, this opt-out is only effective when you are using the Internet browser you were using when you opted-out.

Information Collected from Third Parties.  In addition to the information described above, we may also collect information from third parties, and we may combine this information with any other information we collect from or about you. 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. The information that we receive from these third parties may include both personal information, such as your email address, and any other information about your digital consumption behavior or other activities.

How is the collected information used?

We may use the information that we collect for market research purposes, including preparing market research reports. We may use the personal information that we collect for the purpose of contacting participants in special circumstances, for example, prize winners in a sweepstakes draw, or when a person has provided permission for us to re-contact them for other purposes, such as to take part in a follow-up survey or to participate in another research panel or market research opportunity. We may also use the personal information that you provide to us to operate and improve our business, including this Website; to communicate with you; and to provide you with services that you have requested.

How is the information disclosed?

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.

How to opt out of interest-based advertising and/or market research

Interest-Based Advertising Opt-Out

Through the practices described above, we may collect data about your Web browsing over time and across digital properties, including information about the possible relationships among different browsers and devices, and provide this data to third parties to improve their ad campaigns and to use for their own interest-based advertising purposes. We adhere to the Digital Advertising Alliance Self-Regulatory Principles in connection with this activity. You may visit www.aboutads.info/choices to learn more about interest-based advertising, to opt out of our collection and transfer of Web browsing data for interest-based advertising purposes, and to opt out of the collection and use of data for this purpose by other companies that participate in industry self-regulation. Please note that opting out will not stop advertising from appearing in your browser or in the applications you use. It may make the ads you see less relevant to your interests. You may also continue to receive interest-based advertising from other companies. Additionally, please note that if you use a different browser or device, erase cookies from your browser or reset your mobile device’s platform advertising ID, you may need to renew your opt-out choices.

Market Research Opt-Out

VoiceFive collects information for its market research programs through the use of surveys and other technologies as described herein. You can control your level of participation in VoiceFive’s market research programs, along with certain other research programs that are operated by its affiliates.

VoiceFive may set cookies on your browser in support of our market research efforts, as described above. To opt out of receiving VoiceFive surveys enabled by such cookies, please click here. This opt out will also prevent you from participating in other market research programs from Full Circle Studies.

This Website may also set tags on your browser that collect data for the ScorecardResearch service, a service offered by Full Circle Studies, Inc. (“Full Circle Studies”) which is also part of the comScore market research group. You may control your level of participation in ScorecardResearch’s market research programs by visiting: http://www.scorecardresearch.com/preferences.aspx. We will continue to identify that a user visited a website, but we will not associate that event with your browser. Additionally, if your mobile device platform offers settings to limit data collection for interest-based advertising, you can use these settings to opt out of participating in our market research programs with respect to our data collection from applications on that mobile device.

We will treat an opt-out from ScorecardResearch programs as an opt-out from VoiceFive programs on the same browser, and vice versa.

Effect of Opting Out

Please note that the browser opt-out mechanisms linked above are cookie based (i.e., a cookie must be on your computer to tell our systems that you have opted-out). If you delete, block or otherwise restrict cookies, this opt-out may not be effective. Additionally, because different computers and different Internet browsers all require their own version of the opt-out cookie, you need to perform this opt-out process on any computers and browsers that you want to be opted-out.

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.

Can you review and revise your personal information?

You may review, update, or request changes to any personal information you have provided to us through our Website by contacting us using the contact information 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 program 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 program may be transferred to and processed in countries other than the country from which you accessed our Website or participated in our program, 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.

VoiceFive 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 https://www.comscore.com/content/download/39199/2259669/file/Privacy-Shield-Statement-ENGUS.pdf

For individuals located within the European Economic Area (“EEA”):  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 program 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 program, you may contact the program sponsor at:privacy@voicefive.com


Privacy Office
VoiceFive, Inc.
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 .

Table of Contents

Binding Effect; Modification to these Terms of Service
Age Requirements for General Use of this System
Software License and Ownership
Restrictions on Use
Copyrights, Trademarks, and Other Proprietary Rights of the Site
User Communications; Visitor Content
Sweepstakes, Contests and Promotions
Third-Party Links and Retailers
Disclaimer
Limitation of Liability
Indemnification
Notices
Disputes
Exclusions
Miscellaneous
Questions

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 .

Software License and Ownership

Subject to these Terms of Service and the , 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 , which is expressly incorporated into these Terms of Service by this reference.

Sweepstakes, Contests and Promotions 

 

Notwithstanding the foregoing, ownership and use of all Visitor Content and personal information submitted in connection with a sweepstakes, contest, giveaway or other promotion (“Promotion”), shall be subject to the “Official Rules” or other Terms of Service of the applicable Promotion. If you participate in a Promotion, such Terms of Service, may, for example, permit us to contact you to verify your eligibility, use your physical address for the purposes of prize fulfillment, share your personal information with third parties providing services in connections with such Promotion or for purposes of prize fulfillment, and/or use other information submitted with your entry for future marketing, such as to notify you of a product or subsequent Promotion that we think may be of interest to you. If you no longer wish to receive information about products or Promotions that may be of interest to you, you may opt out of receiving further information by clicking on the “Unsubscribe” link included in such e-mails. Please also note that if you win a Promotion, your personal information may be disclosed on a winners list as required by law.

Third-Party Links and Retailers

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 , 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 , or this System, please feel free to contact us by e-mail at privacy@comscore.com.

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