TERMS OF USE

Effective Date: January 27, 2015
Last modified: April 10, 2018

Welcome to Radial Insight, LLC’s (“Radial Insight”) website. These Terms of Use are an agreement between you and Radial Insight regarding the use of this website (the “Radial Site”) and its related services. By using the Radial Site, you are agreeing to these Terms of Use and our [Privacy Policy], both of which may be modified by us at any time. Please read these Terms of Use carefully. If you do not agree to any part of these Terms of Use or the [Privacy Policy], please to not use the Radial Site.

U.S. LAWS

Radial Insight complies with the laws and regulations of the United States of America. By using the Radial Site, visitors from outside of the United States of America acknowledge that this Site is subject to U.S. laws and regulations and waives any claims that may arise under their own national laws. The Radial Site is controlled and offered by Radial Insight from its facilities in the United States of America. Radial Insight makes no representations or warranties that the Radial Site is appropriate or available for use in other locations. Those who access or use the Radial Site from other jurisdictions do so at their own risk, according to their own volition, and are responsible for compliance with the applicable law.

THE RADIAL SITE’S CONTENT

All materials provided by Radial Insight and contained in the Radial Site are the copyrighted and/or trademarked property of Radial Insight. You may access, download, print, or transmit these materials only for personal, non-commercial use. You may not republish, download, reproduce, retransmit, or otherwise use any materials (including images) on the Radial Site as a stand-alone file.

The term Radial Insight and all related names, logos, product and service names, designs, and slogans are trademarks of Radial Insight or its affiliates or licensors. You must not use such marks without the prior express written permission of Radial Insight. All other names, logos, product and service names, designs, and slogans on the Radial Site are the trademarks of their respective owners. Nothing on the Radial Site grants implicitly, by estoppel, or otherwise the right or license to use any of Radial Insight’s intellectual property with Radial Insight’s express prior written consent.

YOUR USE OF THE RADIAL SITE

You agree to comply with these Terms of Use and not to violate any applicable law, intentionally or unintentionally. You also agree that you will not:

Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
Distort, misrepresent, or modify the materials on the Radial Site or attempt to defeat or circumvent the Radial Site’s security measures.
Interfere with the Radial Site, or servers or networks connected to the Radial Site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Radial Site.

Radial Insight has the right to deny access to any user at any time without any prior notice for violation of these Terms of Use.

RADIAL INSIGHT SURVEY PANEL RULES

Overview

The Radial Insight online survey panel program (the “Survey Panel Program”) is a crowd-sourcing program, designed to allow Radial Insight’s clients to quickly survey a large group of individuals about topics and issues important to them. It is an online alternative to smaller focus groups, telephone polls, and other forms of soliciting opinions and reactions to ideas. Participants in Survey Panel Program (the “Survey Panelist(s)”) are eligible for rewards for completing surveys according to these Terms of Use.

Survey Panelist Status

Any legal resident of the 50 United States or Washington, D.C., age 18 or older, who is currently a Survey Panelist, or who joins the Survey Panel is eligible to receive rewards. Survey Panelists may earn rewards from the time they join the Survey Panel until the time they lose their status as a Survey Panelist for any reason. Your personal information provided to Radial Insight must be correct and current. You are solely responsible for maintaining updated personal information.

You may only have one account as a Survey Panelist. If you create more than one account, Radial Insight will automatically deactivate any additional accounts, you will lose any current earned rewards, and you may be permanently prohibited from being a Survey Panelist. If there is a dispute related to your identity, Radial Insight may demand proof of identity and will use such information for the purpose of confirming your identity. Radial Insight has the right to deny rewards to any Survey Panelist if Radial Insight suspects the Survey Panelist has violated these Terms of Use, including committing fraud related to multiple accounts, or for any other legally permissible reason. Radial Insight has the right to terminate your status as a Survey Panelist at any time and without notice for any legally permissible reason.

Rewards for Survey Panelists

Survey Panelists may earn rewards for taking certain surveys. The rewards provided for each survey will vary and is determined by Radial Insight in its sole discretion. Radial Insight, including through its third party partners, will deliver rewards to Survey Panelists as appropriate after a Survey Panelist earns rewards. Delivery of rewards may take any amount of time, though Radial Insight will make commercially reasonable efforts to deliver rewards in a timely manner. Radial Insight has the right to modify reward delivery methods at its sole discretion. If your status as a Survey Panelist ends for any reason, you automatically forfeit all rewards linked to your Survey Panelist account.

Currently, rewards are delivered via email by our partner, Tango Card. Members are solely responsible for providing an accurate email address in order to receive their rewards. To update your email address at any time, please contact us at [email protected]

Survey Panelists are solely responsible for the reporting and payment of any tax liabilities incurred through the Survey Panel.

Confidential Information

The surveys provided to Survey Panelists are confidential information. Therefore, Survey Panelists are prohibited from copying, reproducing, sharing, or otherwise disclosing any information provided in a survey. Radial Insight has the right to suspend or terminate your status as a Survey Panelist if you disclose any survey content.

Use of Panelists’ Survey Reponses

By providing responses and any other content as a Survey Panelist you grant Radial Insight (and its successors, assigns, licensees, agents, and affiliates) a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any content which you submit, post or display on or through the Radial Site to modify, adapt, publish, translate, distribute, transmit, publicly display, publicly perform, sublicense, create derivative works from, transfer, and sell such content in any format either now known or hereafter created, and to use any information identifying the author provided in connection with that content, in Radial Insight’s sole discretion. You agree that all information you provide will be true and accurate, and will not be false or misleading.

Opt Out

Survey Panelists have the right to participate only when and how they wish. Survey Panelists have the right to decline to respond to a survey or to end their status as a Survey Panelist at any time. To end your status as a Survey Panelist by opting out, please contact us at [email protected] and use the subject line “SURVEY PANELIST OPT OUT.” We will process and remove Survey Panelist opt out requests as soon as reasonably possible.

DISCLAIMER OF WARRANTIES

You use the Radial Site at your own risk. To the fullest extent permitted by law, Radial Insight and its affiliates, members, directors, officers, employees, and agents, disclaim all warranties, express or implied, in connection with the Radial Site. Except as expressly stated in these Terms of Use or the [Privacy Policy], Radial Insight does not make any specific promises about the Radial Site or its related services. The Radial Site is provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. Radial Insight makes no warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the Radial Site. Radial Insight is not liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Radial Site or to your downloading or any material posted on it, or on any website linked to it. Radial Insight changes and improves the Radial Site and its related services frequently and without notice. We may add, remove, or modify functionalities or features, or we may suspend or stop a service.

LIMITATION OF LIABILITY

To the fullest extent permitted by law, neither Radial Insight nor any of its affiliates, members, directors, officers, employees, and agents are responsible or liable for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever arising under any contract, negligence, strict liability, or other theory arising from or in any way relating to Radial Insight, the Radial Site, or any service linked therein and/or that result from the use of, or inability to use, the Radial Site or related services, or the actions or conduct, whether online or offline, of any person or entity, even if Radial Insight has been advised of the possibility of such damages. Under no circumstance will Radial Insight or its affiliates, members, directors, officers, employees, and agents be responsible or liable for any failure in performance resulting directly or indirectly from a force majeure or causes beyond Radial Insight’s reasonable control.

If you live in a state whose laws prohibit limitation or exclusion of incidental or consequential damages in some cases, some or all of the above limitation arguably may not apply to you. Regardless of which state laws may apply, Radial Insight’s liability to you for any and all losses, damages, injuries, and claims of any kind will not be greater than the amount you paid to access the Radial Site.

You must raise any claim or cause of action arising out of or related to the Radial Site within 1 year after the claim or cause of action accrues. Otherwise, such claim or cause of action is permanently barred.

You agree to waive any class action proceeding Radial Insight, its affiliates, successors, and assigns, at law or equity. This waiver applies to any matter you and Radial Insight which is related in any way to these Terms of Use.

INDEMNITY

You agree to indemnify and hold harmless Radial Insight and affiliates, members, directors, officers, employees, and agents from any claim or demand, including reasonable attorney’s fees, that may be made by any third party, that is due to or arising out of your conduct or connection with the Radial Site or service, your submission of content, your violation of any applicable law or these Terms of Use, or any other violation of the rights of another person or party.

TERMINATION

You can stop using the Radial Site at any time. Conversely, you have no continuing right to use the Radial Site and we may deny you access, or terminate these Terms of Use at any time and without notice for any legally permissible reason.

JURISDICTION

These Terms of Use are governed by the laws of the Commonwealth of Virginia, USA, without regard to its conflict of laws rules. The exclusive jurisdiction and venue for any dispute arising under or relating to these Terms of Use is the Federal District Court for the Eastern District of Virginia. You shall not raise and hereby waive any defenses based upon venue, inconvenience, or lack of personal jurisdiction for any dispute arising under or relating to these Terms of Use.

MODIFICATIONS TO THESE TERMS OF USE

Radial Insight may modify these Terms of Use at any time. Your continued use of the Radial Site, including participation as a Survey Panelist, constitutes your acceptance of any such modifications. Radial Insight may also email you directly regarding modification to these Terms of Use, administrative messages, and other information. If there is any inconsistency between these Terms of Use and the modified terms, the modified terms will apply. Notices and any other communications under these Terms of Use are effective and deemed delivered immediately if emailed by Radial Insight to the most recent email address you provided Radial Insight.

GENERAL TERMS

These Terms of Use are the entire agreement between you and Radial Insight relating to the use of the Radial Site. You may not transfer or assign any rights and licenses granted in these Terms of Use, however, Radial Insight may transfer or assign any such rights and licenses without restriction.

If any part of these Terms of Use is unlawful, void, or otherwise unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Any possible evidence of use of the Radial Site for illegal purposes will be provided to law enforcement authorities.

These Terms of Use do not create an agency, partnership, joint venture, or employment relationship between you and Radial Insight. You do not have authority of any kind to bind Radial Insight in any manner.

The sections of these Terms of Use that are intended to survive by their nature will remain in effect after the end of these Terms of Use, regardless of the reason for the end of these Terms of Use.

FEEDBACK

If you have any questions, concerns, or other feedback related to the Radial Site including how we have used information we have collected about you, please contact us at Radial Insight, LLC, PO Box 17201 Arlington, VA 22216 or email [email protected]