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Terms &

 Conditions

Term & Conditions

 

TERMS OF USE AGREEMENT

 

This Terms of Use Agreement  (“Terms”) states the terms and conditions under which a user (the “User”), whether an individual seeking inclusion as a participant (the “Participant”) in a market research study or other opportunity (“Study”) or party allowed to post Studies (the “Associated Research Facility”), may use the FGGlobal.com website (the “Site”).  These Terms include the FG Global, LLC Privacy Policy, which is incorporated into these Terms by reference. 

 

These Terms constitute a binding agreement between the User and FG Global, LLC (“the Company”), and is deemed accepted by the User each time that the User uses or accesses the Site.  If you do not accept the Terms stated here, do not use the Site.

 

The Company may revise these Terms at any time by posting an updated version to the Site, such updated terms being binding on User.

 

A User who violates these Terms may have its access to the Site suspended or terminated, at the Company’s discretion. 

 

User must be 13 years of age or older to visit or use the Site in any manner, and, if under 18 or the age of majority in User’s jurisdiction, must use the Site under the supervision of a parent, legal guardian, or responsible adult.

 

1.  SITE CONTENT. The content and information displayed on the Site is the property of the Company. The downloading, reproduction, or retransmission of any of the Site’s content, other than for non-commercial individual use, is strictly prohibited.

 

2.  SERVICES.  The Site is designed to connect Participants with an Associated Research Facility both on and offline.  User agrees and acknowledges that the Company is entitled to modify, suspend, or discontinue services without notice to the User for any reason at any time.  The Site may be used only by Participants and by Associated Research Facilities seeking to recruit Participants for a specific upcoming Study.  

 

3.  PROHIBITED ACTIONS.   All Users agree not to:

(a) transmit, post, distribute, store or destroy material contained on the Site, in violation of any applicable law or regulation, including but not limited to laws or regulations governing the collection, processing or transfer of personal information, or in breach of the Company’s Privacy Policy;

(b) use any data mining, gathering or extraction methods;

(c) violate or attempt to violate the security of the Site;

(d) reverse engineer the Site, in whole or in part;

(e) aggregate, copy or duplicate any information contained on the Site, other than permitted by these Terms;

(f) link to any information available on the Site, unless permitted by these terms;

(g) post any content or material that is false or misleading, promotes illegal activities, or contains computer viruses or pirating media;

(h) apply for participation in a Study on behalf of a third party, or post an upcoming Study on behalf of an independent company);

(i) access data not intended for User or logging into an account that User is not authorized to access;

(j) solicit personal information such as social security numbers, driver’s license numbers, bank account numbers and/or passwords, other financial information and/or medical information;

(k) send unsolicited mail or email, or make unsolicited phone calls, or engage in any other unsolicited communication to any User;

(l) attempt to interfere with the service to any User, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding”, “spamming”, “mailbombing” or “crashing”; or

(m) use the Site for any unlawful purpose or illegal activity, or post or submit any content that is defamatory, libelous, implicitly or explicitly offensive, vulgar, obscene, threatening, abusive, hateful, discriminatory or include any links to pornographic, indecent or sexually explicit material of any kind, as determined at the Company’s discretion.

 

Any User determined to have engaged in any of the aforementioned prohibited actions or otherwise violated the Terms will be permanently banned from use of the Site and have their email address and phone number banned. The Company has sole discretion to determine if User has engaged in prohibited actions or violated the Terms.  Violations of aforementioned prohibited actions or Terms may also result in civil and/or criminal liability, and Company will cooperate with law enforcement authorities in investigating and prosecuting Users who are involved in such violations.

 

4.  ADDITIONAL TERMS APPLICABLE TO PARTICIPANTS.

 

A) PERSONAL INFORMATION.  By signing up for any of the various services available on the Site, Participant submits all personal information at their own risk.  Participant also agrees, by registering with the site, to be contacted by email or by phone by the Company or by an Associated Research Facility. PLEASE NOTE: NO ASSOCIATED RESEARCH FACILITY SHOULD REQUIRE PARTICIPANT TO PAY MONEY IN ORDER TO PARTICIPATE. IF AN ASSOCIATED RESEARCH FACILITY EVER REQUESTS MONEY OR THAT YOU PROVIDE PERSONAL INFORMATION, INCLUDING YOUR SOCIAL SECURITY NUMBER, DRIVER’S LICENSE NUMBERS, BANK ACCOUNT NUMBERS AND/OR PASSWORDS, or OTHER FINANCIAL INFORMATION , PLEASE CONTACT COMPANY AT support@fgglobal.com The PARTICIPANT SHOULD PROTECT ITS PERSONAL INFORMATION BY NEVER PROVIDING THE ABOVE STATED INFORMATION TO ANY ASSOCIATED RESEARCH FACILITY. 

 

Participant shall not provide false information on the Site, including but not limited to, account information and pre-screening information.  Any information Participant submits to the Site must be an accurate description of his/herself. Participant agrees to include nothing other than the requested information in the data fields, reserving the right to leave a field blank.  However, failure to populate a data field may result in Participant’s failure to qualify for a particular Study.

 

Information provided by Participants on the Site is used solely to match Participants with a Study posted by an Associated Research Facility. Study information is not collected by the Company, but is collected directly by the Associated Research Facility conducting the Study. However, Participants should contact the Company with any concerns or questions regarding the safety or privacy of the information being collected.

 

If the Participant permits the Company access to the Participant’s Facebook, Twitter or other social media accounts, it agrees that the Company may connect to such accounts and access information contained therein, including their social connections or friends, for the purpose of better matching the Participant with relevant Studies.

 

B) COMPENSATION FOR STUDY PARTICIPATION.  Compensation for Participant’s participation in a Study is the sole responsibility of the Associated Research Facility conducting the Study.  The Company is not responsible for compensating Participants.    The Participant agrees to contact the Associated Research Facility conducting the Study with any questions, concerns or disputes concerning Study compensation.

 

The Participant acknowledges that the pre-screener information it provides will be used to determine Study eligibility and does not constitute Study participation.  Participant agrees that it will not request compensation from the Company or the Associated Research Facility for providing pre-screen information.

 

C) RESEARCH STUDIES. The Participant acknowledges that information contained in Study descriptions on the Site is provided directly by the Associated Research Facility, and not the Company.  The Participant acknowledges that the Company does not regularly screen, check or censor the information provided by the Associated Research Facility and makes no representations about any Study content on the Site.  To the extent permitted by law, the Company disclaims any liability, and is not liable for damages or injury caused by such information, or for failure to remove such information from the Site.  The Participant should notify the Company if it believes a Study description is inaccurate, misleading or false.  While the Company will attempt to provide accurate information, and will remove, at its discretion, any Study description that is inaccurate, misleading or false, the Company is under no obligation to do so.  The Participant acknowledges that the Company shall not be held liable for information that an Associated Research Facility provides to the Site or to any third-party website.

 

The Site contains links to third-party websites.  These links are provided for the Participant’s convenience.  The Company is not responsible for the content or operation of linked third-party websites, and the Participant accesses these websites at its own risk.  The Participant should protect its personal information by reading the privacy policy of any linked site.  The Participant acknowledges that the Company shall have no responsibility, liability or service obligations with respect to third-party websites to which the Participant is redirected through the Site.

 

Participant is permitted to share links regarding an upcoming Study by email, Facebook, or Twitter, but is not permitted to share Study links, text, or descriptions by any other source.

 

5. ADDITIONAL TERMS APPLICABLE TO AN ASSOCIATED RESEARCH FACILITY.

 

A) RESEARCH STUDIES. The Site may be used by the Associated Research Facility to recruit Participants for an upcoming Study in the United States only.  The Site may be used only to recruit for a specific, discrete Study, and not to recruit for ongoing research panels or clinical trials.  Studies that qualify are those that guarantee compensation to Participants who complete the same.  Only the Associated Research Facility that is performing the Study may post a Study on the Site.  Recruiters and other third parties are not permitted to post the Study on behalf of an Associated Research Facility. The Associated Research Facility may not promote Studies through tiered or referral programs, or promote Studies that are listed on any affiliate network, unless it obtains prior written approval of the Company. Failure to obtain such prior written approval shall result in the Associated Research Facility’s forfeiture of fees paid to the Company for such posting and may be subject to liquidated damages as detailed below.

 

The Associated Research Facility must apply for an account, and such application must be approved by the Company, before its first Study will be posted to the Site.  Such approval is at the Company’s sole discretion.  No Study will be made available to Participants on the Site prior to such approval.  Approval may take up to five (5) business days, and the recruitment time specified for the Associated Research Facility’s Study will not be lengthened or otherwise adjusted to account for the time needed for approval of its account application.

 

The Associated Research Facility is solely responsible for its postings on the Site.  The Associated Research Facility shall specify for each Study a factually accurate description of the Study, the exact compensation or range of compensation that will be given to Study participants, and a clear description of participant qualifications.  The Associated Research Facility shall identify the city or cities (if applicable) in which the Study will be conducted, and shall recruit only Participants from the identified city or cities.

 

The Associated Research Facility must provide the qualifications for participation in each Study, identifying such qualifications with specificity.  A Participant who applies for participation in a particular Study shall be deemed “qualified” when such Participant meets the Associated Research Facility specified qualifications, as determined by an on-line screening tool.  The Associated Research Facility agrees to inform Participants who apply for participation, including those who do not qualify, within two (2) business days of such determination whether or not they qualified for the Study.  Failure to inform Participants as detailed above may result in removal of a Study from the Site. 

The Associated Research Facility shall provide a specific end date for recruitment for each Study.  Recruitment for a Study must end no later than two (2) business days prior to the date on which the Study will occur.  If the Associated Research Facility fails to specify an end date in compliance with this paragraph, the Company has the right in its discretion to modify the end date or remove the Study from the Site without refund of related fees.

 

The Associated Research Facility shall not post information that is inaccurate, false or misleading.  If Study information provided by the Associated Research Facility is determined at the discretion of the Company to be confusing, inaccurate, false or misleading, the Company may at its sole discretion alter the Study description or remove the Study from the Site.  If the Company removes the Study from the Site, the Company will give the Associated Research Facility written notice by email of such deletion.

 

The Associated Research Facility shall not collect Participant email addresses or use such addresses to recruit Participants for other upcoming Studies. 

The Associated Research Facility shall not include in any Study description any hyperlinks, including, but not limited to, the pre-screener, social media web pages, its own website, or other URL.  Any such hyperlink will be removed by the Company, and written notice will be given of such removal to the Associated Research Facility.  If the Associated Research Facility continues to include hyperlinks in its Study description(s), the Company will permanently delete such Studies without additional written warning and the Associated Research Facility shall not be entitled to any refund of fees.

 

The Associated Research Facility shall not require as part of any Study Participants to purchase goods or services, or otherwise expend money or engage in any financial transaction.

 

The Associated Research Facility is prohibited from recruiting or otherwise contacting individuals under the age of 13, and are prohibited from recruiting or otherwise contacting individuals between 13 and 18 years of age without prior written consent from said minor individual’s parent or legal guardian.

 

The Associated Research Facility shall use the Site as provided in these Terms and any other contract that you have with the Company, and in accordance with all applicable privacy and data protection laws.

 

The Associated Research Facility shall not collect personal information such as social security, driver’s license, or bank account number, other financial information, and shall not request that any person provide such information.  The Associated Research Facility shall collect all other information in a secure, encrypted format and assumes all liability for the information that it posts and collects from Participants.   The Associated Research Facility agrees that it shall not share, sell, or otherwise distribute any of the information collected from the Site, or from the pre-screener posted on the Site.

 

The Associated Research Facility may use the information provided by a Participant on the Site only to recruit the Participant for the specific Study for which that Participant has applied. The Associated Research Facility shall not use such information to recruit for or in relation to any other Study or service.  Associated Research Facility recognizes that its unauthorized use of Participant information provided through the Site will cause the Company to incur substantial economic damages and losses of types and in amounts which are impossible to compute and ascertain with certainty as a basis for recovery by the Company of actual damages, and that liquidated damages represent a fair, reasonable and appropriate estimate thereof.  Accordingly, in lieu of actual damages for such delay, the Associated Research Facility agrees that liquidated damages may be assessed and recovered by the Company as against Associated Research Facility, in the event unauthorized use of Participant information and without the Company being required to present any evidence of the amount or character of actual damages sustained by reason thereof; therefore the Associated Research Facility shall be liable to the Company for payment of liquidated damages in the amount of One  Hundred Dollars ($100.00) for each Participant whose information is used by Associated Research Facility in an unauthorized manner. Such liquidated damages are intended to represent estimated actual damages and are not intended as a penalty.

 

Upon expiration of the recruitment term or upon meeting the maximum participant level, as specified in the plan chosen by the Associated Research Facility on the Site, whichever comes first, the clickable URL which allows Participants to apply for Study participation will be disabled by the Company.  The Study URL will remain visible indefinitely.

 

The Company reserves the right to decline any Associated Research Facility and/or Study for any reason.

 

The Company shall remove from the Site the Study of any Associated Research Facility that does not adhere to the Terms, and the Associated Research Facility shall not be entitled to any refund, in whole or in part, of any fee paid to the Company. 

 

The Company shall be granted by the Associated Research Facility the exclusive right to use any submitted material indefinitely, even if a Study is deleted from the Site.  This right includes, but is not limited to, promoting upcoming Studies via email, social medial, advertising and other promotions.

 

The Associated Research Facility grants the Company the right to use its name, logo and other marks in connection with their Studies posted on the Site, and in the promotion of upcoming Studies and/or advertising material.

 

The Associated Research Facility may publish the Site URL in connection with any Study posted by the Associated Research Facility on the FGGlobal.com Site.

 

B) PARTICIPANT COMPENSATION.  The Associated Research Facility is solely responsible for the direct compensation of all Participants who qualify for and participate in any Study posted by the Associated Research Facility on the Site.  The Associated Research Facility must compensate, in cash or bank check, money order or other certified funds, each Participant who qualified for and participated in the Study as described.  Compensation must be paid by the Associated Research Facility within 4-6 weeks of Study completion, at maximum. The Associated Research Facility may not represent or imply that compensation may be the responsibility of any third party, including but not limited to, the Company.

 

C) SERVICE FEES.  The Associated Research Facility will be charged fees in an amount based on the plan chosen by Associated Research facility on the Site, the terms of which plan are incorporated herein by reference.  The Associated Research Facility shall pay all charges in U.S. Dollars.  Fees shall be paid up-front (i.e. commensurate with the posting of the associated Study).  Fees will be collected through PayPal.  Any claim against the Company with respect to fees not made within 60 days after the charge is made is waived by the Associated Research Facility.  The Associated Research Facility shall attempt to resolve any dispute with regard to fees with the Company in the first instance, before contacting its credit card company or PayPal, and the failure to attempt to first resolve fee disputes with the Company waives any right the Associated Research Facility has in the disputed amount.

 

Custom fee arrangements, which state fees and services other than those included in a plan that may be chosen on the Site, may be agreed upon between the Company and the Associated Research Facility.  Such custom fee arrangements shall be made in writing and shall be incorporated by reference herein.   

 

Refunds are at the discretion of the Company.  If the Associated Research Facility does not receive at least twenty-five (25) unique “clicks” (a click being the selecting of the “Apply Now” button on its Study page from a unique IP address) from different individual Users within seven (7) days of posting its Study on the Site, it may request a refund by contacting sales@fgglobal.com within seven (7) days from the expiration of the preceding seven (7) day period. Notwithstanding the foregoing, the Company shall deny any refund request if the Associated Research Facility receives a total twenty-five (25) unique “clicks” prior to making its refund request.  Fees for optional features such as multi-city recruitment, tracking clicks and opens, featuring Study in email and/or on the Site are not refundable.

 

The Associated Research Facility shall not be entitled to a refund if it receives at least twenty-five (25) unique “clicks” from Participants, regardless of how many Participants complete the pre-screening application.

 

Sums of money by Associated Research Facility deposited into its account for use toward future fees are not refundable.   However, if such funds are used toward fees for a Study which would otherwise be refundable, the refund amount may be credited back to the account of the Associated Research Facility.

 

D) CONTACT INFORMATION.  Associated Research Facility agrees to provide accurate contact information to the Company when opening an account with the Company. Associated Research Facility agrees to immediately notify the Company of any changes to Associated Research Facility’s contact information by updating its account information on the Site.

 

E)  INDEMNIFICATION.  Associated Research Facility shall indemnify and defend the Company, its agents, affiliates, and licensors from any Participant or other third-party claim or liability (including without limitation reasonable legal fees) arising out of any information that you provide to the Site or any contact you have with Participants.

 

6.  ADDITIONAL TERMS APPLICABLE TO BOTH PARTICIPANT AND AN ASSOCIATED RESEARCH FACILITY.

 

A)   SPAMMING.  The Company has a strict no spamming policy.  Any User determined to be spamming the Site will be permanently banned from use of the Site and have their email address and phone number banned.  The Company has sole discretion to determine if User’s actions constitute spamming.  Further, any User found to be spamming their unique referral URL on this or other sites, shall suffer the same consequences.

 

 B)  INTELLECTUAL PROPERTY. The Site may contain or reference trademarks, patents, copyrighted materials, trade secrets, technologies, products, processes or other proprietary rights belonging to the Company and/or other parties. No license to or right in any such trademarks, patents, copyrighted materials, trade secrets, technologies, products, processes and other proprietary rights of the Company and/or other parties is granted to or conferred upon User.

 

Other than uses expressly set forth herein, User shall not use any mark, logo or trade dress of the Company without prior written authorization from the Company.

 

C)  DISCLAIMER OF WARRANTIES. COMPANY INFORMATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT UNLESS OTHERWISE REQUIRED BY LAW.

 

D)  LIMITATION OF LIABILITY.  The Company shall in no event be liable for any damages resulting from direct or indirect contact with any party through the use of the Site.  These damages include, but are not limited to damages for loss of profits, business interruption, business reputation, goodwill, or any other intangible loss arising out of the use of or inability to use any services provided through the Site.  The Company employs all commercially feasible ways to verify the integrity of each Associated Research Facility, but makes no guarantees as to the true intentions of any Associated Research Facility.  The above limitation shall apply whether or not Company has been advised of or should have been aware of such damages.   In jurisdictions where the exclusion or limitation of liability for consequential or incidental damages is not permitted, Company’s liability is limited to the greatest extent as permitted by law.

 

E)  COMMUNICATIONS.  The Company shall be free to reproduce, use, disclose, and distribute any and all communication conducted with the Company through the Site including but not limited to feedback, questions, comments, suggestions and the like.  User shall have no right of confidentiality in such communications and the Company shall have no obligation to protect User’s communications from disclosure. The Company shall be free to use any ideas, concepts, know-how, content or techniques contained within User’s communications for any purpose whatsoever, including but not limited to the development, production and marketing of products and services that incorporate such information.

 

F)  GOVERNING LAW, FORUM AND JURISDICTION. The Terms will be exclusively governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of laws. Any action seeking legal or equitable relief arising out of or relating to the Site shall only be brought within a court of competent jurisdiction within the city, county and State of New York.  And by use of the Site, User submits to the personal jurisdiction of such state or federal courts located in New York County in the State of New York.

 

G)  ENTIRE AGREEMENT.  User understands and agrees that the above terms constitute the entire general agreement between User and Company.  User may be subject to additional terms when using, purchasing, or accessing other services, affiliate services, or third party content or material.

 

H)  MODIFICATIONS.  Company reserves the right to make changes to the Terms at any time without notice to User.

 

I) CONTACT.  If there are any questions or concerns about the Terms or anything concerning the Site, please contact us at support@FGGlobal.com.  All other notices, including legal notices, must be sent to FG Global, LLC., P.O. Box 1641, New York, NY 10009 via first class mail or overnight courier, and are deemed made upon receipt.

 

 

Date last revised:  March 3, 2013