Last Updated: March 2014
Affinnova, Inc. (“Affinnova”) owns and operates www.affinnova.com (the “Site”).
1. ACKNOWLEDGEMENT AND ACCEPTANCE
AFFINNOVA RECOMMENDS THAT YOU PRINT OUT A COPY OF THESE TERMS FOR YOUR FUTURE REFERENCE.
2. ADDITIONAL TERMS
From time to time, Affinnova may supplement these Terms with additional terms that pertain to specific material on the Site, such as new or expanded services and products (“Additional Terms“). You understand and agree that such Additional Terms are hereby incorporated by reference into these Terms. The Additional Terms will take precedence if the Terms and Additional Terms conflict.
3. MODIFICATIONS TO TERMS
Affinnova may modify these Terms from time to time. When Affinnova posts modifications to these Terms, Affinnova will revise the “Last Updated” date at the top of this page. If Affinnova makes material modifications to these Terms, Affinnova will post a notice on the Site together with a description of the modifications made. The modified Terms will be effective immediately upon posting. Your continued use of the Site after the posting of the modified Terms constitutes your agreement to abide and be bound by them, as modified. If you object to any of the modifications, your sole recourse is to terminate your use of the Site. Please check the Site from time to time to inform yourself of modifications to these Terms or any of Affinnova’s other policies related to the Site.
4. CHANGES TO THE SITE AND SERVICES
Affinnova may modify or discontinue the Site, the Services or any portion thereof without notice to you and without liability to you or any third party, except as otherwise provided in these Terms.
5. USE OF THE SERVICES
To use the Site and Services, you will need to: (a) provide all equipment, including a computer and modem, necessary to establish a connection to the World Wide Web; (b) provide you own access to the World Wide Web; and (c) pay any telephone, data, hosting or other service fees associated with such access.
By using the Site and Services, you specifically agree that:
• You will use the Site and Services only for purposes permitted by these Terms and applicable local, state, national or international laws, rules or regulations.
• You will not upload to or download from the Site any material or information unless you have all rights and authority necessary to do so.
• You will not upload or download any infringing, potentially libelous or slanderous, defamatory, obscene or illegal material or information, or material or information that is as otherwise inappropriate (as Affinnova determines in its sole discretion).
• You will not engage in activities, such as use of files that contain viruses, programs or routines that may disrupt or damage the Services, the Site or another person’s computer or device.
• You will not attempt to “crack,” “hack,” manipulate, launch any automated system or gain unauthorized access to Affinnova’s servers or software or material or areas of the Site not intended for your access.
• You agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services or any of the Site’s content for any purpose.
Affinnova reserves the right (but is not obligated) to record, monitor, edit or disclose activities occurring through or involving Services and/or investigate any allegation that any activity occurring through or involving Services does not conform to these Terms. Affinnova does not endorse or assume any responsibility for any user’s activity or any crime facilitated by use of the Site.
Certain Services may be intended only for users who register to use the Site (“Registered Users”) and Affinnova reserves the right to limit certain Services to Registered Users (collectively, “Registered User Services”).
As part of the registration process or as part of your continued use of any Registered User Service, you may be required to provide information about yourself (such as your name, e-mail address, telephone number, employer’s industry, name and address and your job title). You agree that the registration information you provide is complete, correct and accurate.
You acknowledge and agree that Affinnova may block your use of any Service or the Site and/or terminate your right to use the Services if any of the registration information that you provide is incomplete, incorrect or inaccurate or if Affinnova has reasonable grounds to believe that any of your registration information is incomplete, incorrect or inaccurate. You also must maintain and update your registration information to keep it complete, correct and accurate.
You are responsible for maintaining the confidentiality of your password(s) and other registration information. You are entirely responsible for any and all activities that occur under your user identification and password whether or not authorized by you. You agree to immediately notify Affinnova at email@example.com of any unauthorized use of your user identification or password.
8. LICENSE GRANT AND CONTENT
Subject to these Terms, Affinnova hereby grants you a nonexclusive, nontransferable right to: (a) use the Site and Services (including Registered User Services); (b) access the software, including files, images incorporated in or generated by the software and data accompanying the software, (the “Software“) and other information, materials and content to which you may have access as part of or through your use of the Services, including Registered User Services (collectively, “Content”); and (c) download, print and use one copy of the Content for your personal or internal use only. Unauthorized access to the Site or Services, or to the telecommunications or computer facilities used to deliver the Site and Services, is a breach of the Terms and is a violation of law.
If you download Software from the Site, the Software is licensed to you by Affinnova pursuant to the above license grant and pursuant to other terms and conditions that accompany the Software, if any. Affinnova does not transfer title to the Software to you. You may own the medium on which the Software is recorded but Affinnova retains full and complete title to the Software and all intellectual property rights therein.
You are note permitted to copy, reproduce, republish, upload, post, transmit or distribute in any way Content or trademarks, service marks and logos (collectively, “Marks“) contained in the Content without the prior written consent of Affinnova or the applicable owner of such Content and Marks. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. Modification of the Content or use of the Content for any other purpose is a violation of Affinnova’s copyright and other proprietary rights. For purposes of these Terms, the use of any such Content on any other website or networked computer environment is prohibited.
Except as specifically permitted in these Terms, you may not, directly or indirectly,: (i) transfer, sell, sublicense, rent or lease the Content or Services; (ii) circumvent any encrypted data or gain access to more materials or data than was licensed for use on the Site in any manner which violates this these Terms or any applicable law; (iii) reverse engineer, decompile, disassemble, translate or convert any Software or computer programs used to access the Site and Services (except as local law may permit without violation of local copyright law); and/or (iv) copy (except as provided herein), reproduce, disclose, distribute, display, perform, publish, adapt, create derivative works of, translate or otherwise modify the Content or Services or (v) permit any third party to engage in any of the acts proscribed in clauses (i) through (iv). Upon request, you must provide Affinnova with evidence of compliance with this Section. Any special rules for the use of any of the Services or Content accessible on the Site may be included elsewhere within the Site and are incorporated into these Terms by reference.
The Content of the Site is protected by copyright and other United States and foreign intellectual property and related laws, rules and regulations. The Content includes material owned or controlled by Affinnova and material owned or controlled by third parties and licensed to Affinnova. Except for any content that you create on or through the Site , title to all Content remains with Affinnova or the third party owners of such Content. Any use of Content not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws. All rights not expressly granted herein are reserved by Affinnova.
Affinnova welcomes your comments regarding the Services and Site but asks that you not submit your creative ideas, suggestions or materials. If you send creative ideas, suggestions or materials to Affinnova that Affinnova has not specifically requested (collectively, “Submissions“), you grant to Affinnova and its designees a worldwide, non-exclusive, sub-licensable (through multiple tiers), assignable, fully paid-up, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such Submissions in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions. All Submissions will be deemed non-confidential and Affinnova is not liable for any use or disclosure of Submissions.
10. THIRD PARTY LINKS
These Terms apply only to the Site. The Site may provide links to other websites or resources. Because Affinnova has no control over such third-party websites and resources, you acknowledge and agree that Affinnova is not responsible for the availability of such websites or resources and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such websites or resources.
YOU AGREE THAT YOUR USE OF THIRD PARTY WEBSITE AND RESOURCES, INCLUDING WITHOUT LIMITATION YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEBSITE AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS APPLICABLE TO SUCH WEBSITE AND RESOURCES.
Affinnova has the right, at any time and in its sole discretion, to block links to the Site through technological or other means, without prior notice.
If Affinnova determines, in its sole discretion, that you have breached any portion of these Terms, or have otherwise demonstrated conduct inappropriate for the Site, Affinnova reserves the right to: (a) delete any or all content provided by you or your agent(s) to the Site or through the Services; (b) discontinue your registration with any or all of the Site(s) or Services; (c) discontinue your subscription to any service product, content, tool or digital product used through the Site or Services; (d) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (e) any other action which Affinnova deems to be appropriate.
If your ability to access the Site and/or Services is discontinued by Affinnova due to your violation of any portion of these Terms or for conduct otherwise inappropriate for the Site, then you agree that you shall not attempt to re-register with or access the Site and/or Services by using a different user identification or otherwise, and you acknowledge that you will not be entitled to receive a refund for fees (if any) related to those Services to which your access has been terminated. If you violate the immediately preceding sentence, Affinnova reserves the right, in its sole discretion, to immediately take any or all of the actions set forth in clauses (a) – (e) of this Section without any notice or warning to you.
A Registered User may delete his/her registration information at any time by sending an email (including user identification and password) to firstname.lastname@example.org. Affinnova may, in its sole discretion, terminate a Registered User if he/she has been inactive for a period of twelve (12) months. A Registered User will be defined as inactive if she/he has not logged into any Site or she/he has not called Affinnova’s customer service or contacted Affinnova in any other manner.
12. SYSTEM OUTAGES
Affinnova may schedule system downtime for maintenance and other purposes. Unplanned system outages also may occur. Affinnova has no liability whatsoever for: (a) the resulting unavailability of the Services or Site; (b) any loss of data or transactions caused by planned or unplanned system outages; (c) the resultant delay, misdelivery or nondelivery of information caused by such system outages; or (d) any third party acts or any other outages of Web host providers, Internet service providers or the Internet facilities and networks.
13. Project Terms
Affinnova may subcontract panel and translation services so long as such subcontracting is in the ordinary course of its business and consistent with industry practices. Company is solely responsible for all text and graphics (Inputs) to be used in a project, Affinnova has no liability with respect to such Inputs and results are delivered “as is”.
Affinnova may retain consumer insights and findings in normative databases used by Affinnova for benchmarking and validation of its analyses provided that Affinnova shall maintain the anonymity and the confidentiality of this information. Affinnova’s test methodologies, know how, general industry knowledge, algorithms, software, solutions, and technologies, whether preexisting or developed independently by Affinnova in connection with the performance under an Order Form, together with all related intellectual property rights shall be and remain Affinnova’s exclusive intellectual property.
Agreed to changes to the Order details will be invoiced accordingly.
Timing to complete a project is estimated and Company shall timely provide information required for a project and delays in the provision of such information may impact the initiative timeline and results delivery.
Pricing is estimated and based upon the various inputs and may vary based on changes to inputs, assumptions, selected options, final panel size and incidence rate. If the initiative incorporates the use of Company sourced respondents, Company agrees that it has consent from consumers for their names to be forwarded to and used by a third party for purposes contemplated under this agreement.
If Company cancels an Order Form, Company shall pay for all work performed and costs and expenses that cannot be reasonably mitigated.
YOU EXPRESSLY AGREE THAT USE OF THE SITE, INCLUDING BUT NOT LIMITED TO ALL SERVICES AND CONTENT ACCESSED THROUGH THE SITE, IS AT YOUR SOLE RISK. THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, AFFINNOVA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. AFFINNOVA DOES NOT WARRANT THAT THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE SITE OR SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE IS FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS. AFFINNOVA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES OR CONTENT ON THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. YOU (AND NOT AFFINNOVA) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF ANY DEVICE THAT YOU USE TO ACCESS THE SITE AND SERVICE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
15. LIMITATION OF LIABILITY
AFFINNOVA IS A PROVIDER OF AN INTERACTIVE COMPUTER SERVICE WITHIN THE MEANING OF THE COMMUNICATIONS DECENCY ACT (TITLE 47, UNITED STATES CODE, SECTION 230) AND RESERVES ALL RIGHTS GRANTED UNDER SUCH LAW.
AFFINNOVA IS NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SITE OR SERVICES OR RESULTING FROM ANY GOODS, SERVICES, DIGITAL PRODUCTS, AND/OR CONTENT OBTAINED THROUGH THE SITE OR SERVICES OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES EVEN IF AFFINNOVA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
You agree to defend, indemnify and hold each of Affinnova and its parent corporations, subsidiaries and affiliated entities and their respective officers, directors, employees and agents, harmless from and against any and all third party claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) due to or arising out of: (a) your use of and access to the Site and the Services; (b) your violation of any provision of these Terms; or (c) your violation of any third party right, including without limitation any copyright, property, or privacy right.
Affinnova and Affinnova’s logo and other product and service names of Affinnova are trademarks of Affinnova, Inc. (the “Affinnova Marks”). You agree not to display, reproduce or otherwise use in any manner the Affinnova Marks without Affinnova’s prior written permission.
18. CLAIMS OF COPYRIGHT INFRINGEMENT
The Digital Millennium Copyright Act of 1998 (the “DMCA“) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you are a copyright owner or an agent thereof and believe in good faith that materials hosted by Affinnova infringe your copyright, you (or your agent) may send Affinnova a notice requesting that the material be removed or access to it blocked by providing Affinnova’s Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online Website are covered by a single notification, a representative list of such works at that Website;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity, and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the Affinnova to locate the material;
• Information reasonably sufficient to permit the Affinnova to contact you, such as a name, address, telephone number, and, if available, an e-mail address;
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Affinnova a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. Notices and counter-notices with respect to this website should be addressed to Affinnova’s Copyright Agent at:
Affinnova, Inc. Attn: Copyright Agent 265 Winter Street Waltham, MA 02451 Tel: 781.464.4700 Fax: 781.464.4702 Email: email@example.com
Affinnova suggests that you consult your legal advisor before filing a notice or counter-notice. Also, be aware penalties may be assessed for false infringement or claims made pursuant to the DMCA.
For clarity, only DMCA notices and counter-notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Affinnova at firstname.lastname@example.org. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.
19. USER DISPUTES
You are solely responsible for any interaction with other users of the Site. Affinnova reserves the right but shall have no obligation to monitor disputes between you and any other user of the Site.
20. USERS FROM OUTSIDE THE UNITED STATES
By visiting the Site or using the Services, you acknowledge that you accept the practices and policies outlined in these Terms and consent to having your data transferred to and processed in the United States. If you do not agree to these Terms, please do not use the Site and Services.
The Site is controlled and operated by Affinnova from the United States. Affinnova does not represent or warrant that the Site, Services or any part thereof is appropriate or available for use in any particular jurisdiction. Those who choose to access the Site and Services do so on their own initiative and at their own risk and are responsible for complying with all local laws, rules and regulations. You also are subject to United States export controls in connection with your use of the Site and/or Services and are responsible for any violations of such controls, including, without limitation, any United States embargoes or other federal rules and regulations restricting exports. Affinnova may limit the availability of the Site and/or Services, in whole or in part, to any person, geographic area or jurisdiction that Affinnova chooses, at any time and in Affinnova’s sole discretion.
Governing Law: These Terms are governed and interpreted in accordance with the laws of the Commonwealth of Massachusetts and the United States of America, without giving effect to any choice of law or conflict of law provisions that would cause the application of any other state’s or nation’s laws.
No Rights of Third Parties: These Terms do not create rights enforceable by third parties.
Other: These Terms do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto. These Terms will bind and inure to the benefit of each party’s successors and permitted assigns. You may not assign, transfer, or sublicense any of your rights or obligations under these Terms without Affinnova’s prior express written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. If any part of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable, it will be replaced with language reflecting the original purpose in a valid and enforceable manner, and the enforceable Sections of these Terms will remain binding upon the parties. Any heading, caption or Section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any Section or provision hereof. These Terms, together with all policies referred to herein, constitute the entire agreement between you and Affinnova with respect to your use of the Site and supersedes all prior or contemporaneous communications and proposals between you and Affinnova regarding such subject matter. Without limitation, you agree that a printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
22. CONTACTING AFFINNOVA
If you have any questions about Affinnova generally, these Terms or the Site, please feel free to contact Affinnova at:
Affinnova, Inc. 265 Winter Street Waltham, MA 02451 Tel: 781.464.4700 Fax: 781.464.4702 Email: email@example.com
23. NOTICE TO CALIFORNIA RESIDENTS
Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information:
The provider of the website is: Affinnova, Inc. 265 Winter Street Waltham, MA 02451
To file a complaint regarding the website or to receive further information regarding use of the website, send a letter to the above address, contact Affinnova via e-mail or telephone Affinnova at 1.781.464.4700. You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at 916.445.1254 or 800.952.5210.