Welcome to the Research Now Website (the "Site") owned and operated by Research Now Ltd, company number 03975073, whose registered office is located at 8^th Floor, Elizabeth House, 39 York Road, London, SE1 7NQ, UK ("Research Now", "we", "our" and "us").  In this Agreement, the terms "you" and "the member" mean the individual completing the registration process to become a member of the Valued Opinions Panel.  Your use of this Site, membership in our Valued Opinions Panel and participation in our surveys and research available through the Site are subject to the following terms of use (the "Agreement") and the Research Now Privacy Policy (the "Privacy Policy") incorporated in this Agreement.  Our Agreement may be updated or revised from time to time without notice to you.  If you do not agree with any of the terms of this Agreement, you may not access or use this Site, join our Valued Opinions Panel or participate in any of the surveys or research available through this Site.  By using this Site, you are agreeing to be legally bound by and to comply with each of the terms of this Agreement in effect when you access the Site.

1 Use of this website and the contract between us

1.1 This Agreement comprises a legal contract between you and Research Now governing your access and use of the Site, membership on our Valued Opinions Panel and participation in the surveys and research available through the Site.  You agree to only use this Site in accordance with this Agreement and all applicable laws.

1.2 By becoming a member of our Valued Opinions Panel, participating in any surveys and research made available to you through this Site and providing the information we request, you agree that the terms of this Agreement shall be legally binding upon you with respect to your membership on our Valued Opinions Panel and your participation in our surveys and research.

1.3 You will be a member of our Valued Opinions Panel following our acceptance of your complete registration questionnaire you submit to us.

1.4 This Agreement is a contract for the provision of services and nothing in this Agreement shall create or be deemed to create a legal partnership or the relationship of agent and principal or the relationship of employer and employee between you and Research Now.

2  Obligations of Research Now

2.1  Research Now shall:

2.1.1 consider your eligibility to take part in each of its surveys;

2.1.2  enter your name into its regular prize drawing if you answer any  qualifying questions;    

2.1.3 inform you of the amount that will be credited to your Valued Opinions Account (your "Account") if you correctly and completely answer the questions comprising a Valued Opinions survey (the "Notified Amount") (all amounts stated in this Agreement shall be in U.S. dollars);

2.1.4  credit the relevant Notified Amount to your Account each time you correctly and completely answer all of the questions in a survey; for the purposes of this Agreement Research Now will not consider questions to be "correctly" answered if an answer is non-responsive, confusing or meaningless;

2.1.5  transfer the amount in your Account into your preferred form of payment (e.g. vouchers that can be redeemed with a particular company or in a particular shop) within 30 days of your making an electronic request to Research Now via the website to draw down the amount in your Account; for the avoidance of doubt you will not be able to draw down the amount in your Account until the amount in your Account has reached $20.00 (the Reward); and

2.1.6  send you or a beneficiary nominated by you, your Reward within 28 days of the purchase of the Reward.

2.2  There is no obligation on Research Now to select any panel member to answer survey questions. The members requested to take part in surveys will depend on the requirements of the clients of Research Now and the random selection of those requested to take part from those that are eligible.

2.3  Research Now may sometimes contact you to ask you some short questions to see if you fit into a particular category. In such cases, Research Now shall not offer any payment for the answering of such questions.

2.4  Research Now, in its sole discretion, reserves the right to:

2.4.1 offer a substitute reward of equivalent value to the payment method you have selected; and

2.4.2 change the value of the Nominated Amount regarding answers to survey and research questions.

2.5  Should you chose a form of payment, the minimum value of which is advertised on this website as greater than $20, the Reward amount shall increase to the amount specified on the website for this form of payment.

2.6 No cash alternative is available in respect of the payment of the Reward.

2.7 Research Now does not credit your Account if you are in breach of Sections 3.1.4 or 3.1.5 below.

2.8 Should Research Now establish that you are in breach of Sections 3.1.4 or 3.1.5 below after crediting your Account, Research Now may deduct from your Account any Nominated Amounts credited in respect of all relevant surveys. 

2.9 Research Now shall not be obliged to make any payment to a member:

2.9.1 whose balance in their Valued Opinions Account does not reach the amount of the Reward;

2.9.2 who does not respond to any survey requests within a twelve month period and whose balance has not reached the level of the Reward; for the avoidance of doubt should you not respond to any survey requests in a twelve month period at the end of that twelve month period the balance of your Valued Opinions Account will be cleared and reset at zero;

2.9.3 whose balance in their Valued Opinions Account is under the level of the Reward at the point that the Valued Opinions service is suspended or terminated by Research Now in accordance with Section 4 below; or

2.9.4 who terminates their membership of the Valued Opinions Panel prior to the balance of their Valued Opinions account reaching the level of the Reward.

3 Obligations of the member

3.1 The Member warrants:

3.1.1 that they are 18 years old or over or if you are less than 18 years old that you are at least 13 years old and have your parents' consent;

3.1.2 that they are resident in the United States of America;

3.1.3 that they shall not register with Valued Opinions more than once;

3.1.4 that they will not attempt to answer a survey more than once, either by using more than one name or more than one email address to enter into a survey;

3.1.5 that they will be honest in their approach to the research, for example they will not provide confusing or meaningless answers.

3.2 Research Now has no obligation in respect of any tax due on the Reward given to a member and the member shall be responsible for declaring any income received from Research Now under this Agreement.

3.3 The member is obliged to claim payment from Research Now via the procedures set out on the website for the amount in their Account within three months of the amount in their Account reaching the level of the Reward. Should the member fail to contact Research Now to claim payment for their Reward within the time specified in this Section 3.3 the member will not be entitled to receive payment for the reward and Research Now shall clear the member's Account which will be reset to zero.

3.4 Should the amount in any member's Account be greater than the level of the Reward at the date on which the member is notified of the procedures in Section 3.3, the member shall have three months from the date of communication to notify Research Now that they are claiming payment for the Reward. Should the member fail to contact Research Now to claim payment for their Reward within the time specified in this Section 3.4 the member will not be entitled to receive payment for the reward and Research Now shall clear the member's Account which will be reset to zero.

4 Termination

4.1 Research Now may terminate this Agreement and your membership of the Valued Opinions Panel:

4.1.1 immediately on written notice if you are in breach of this Agreement;

4.1.2 at any time by giving you 30 days notice by email; or

4.1.3 if you fail to take part in surveys in any twelve month period.

4.2 You can terminate this Agreement at any time by unsubscribing from the Valued Opinions Panel, this can be done by email, telephone or in writing.  The termination will take effect three business days after the receipt of your notice. Research Now's contact details are available from our website.

5 Intellectual Property Rights

5.1 All copyright and other intellectual property rights in the materials on this website are owned by Research Now unless otherwise indicated. You may download, print or copy any material from this website that you wish, provided it is for your own personal, non-commercial use and you keep in place all original copyright notices or other intellectual property notices.

5.2 Subject to Section 5.1 above, you may not copy, modify, alter, distribute, publish, sell or otherwise use any material on this website in whole or in part, unless you have obtained the prior written consent of Research Now.

6 Security

You shall not violate or attempt to violate the security of the Site.  Violations of system or network security may result in civil or criminal liability.  Research Now reserves the right to investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations.
 

7 Communications and Submitted Information

7.1 With respect to all communications you make to Research Now, including but not limited to feedback, questions, comments, suggestions and the like:  (i) you shall have no right to confidentiality in your communications and Research Now shall have no obligation to protect your communications from disclosure; (ii) Research Now shall be free to reproduce, use, disclose and distribute your communications to others without limitation; and (iii) Research Now shall be free to use any ideas, concepts, know-how, information, data, content or techniques contained in your communications for any purpose whatsoever, including, but not limited to, the development, production and marketing of products and services that incorporate such information.

7.2 Personally identifiable information related to you will be subject to our Privacy Policy.  As to all other information submitted by you to Research Now, you grant Research Now a worldwide, non-exclusive, irrevocable, royalty-free, sublicensable (through multiple tiers), and transferable license to use, reproduce, distribute, edit, modify, aggregate, translate, reformat, display publicly, perform publicly and otherwise exploit in whole or in part over any means or media including any new uses, media, means and forms of exploitation throughout the universe exploiting current or future technology yet to be developed to the maximum extent permitted by law.

7.3 With respect to Submitted Information and the Site, you agree you will not:  (i) submit information that is copyrighted, protected by trade secret or otherwise subject to any third party Intellectual Property Rights or proprietary rights, including any privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner of such rights to submit such information and to grant Research Now all of the license rights and other rights granted herein; (ii) upload, post, e-mail or otherwise transmit any information or other content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, embarrassing, or racially, ethnically or otherwise objectionable; (iii) use the Site to harm minors in any way; (iv) impersonate any person or entity, including but not limited to, a representative of Research Now, or falsely state or otherwise misrepresent your affiliation with a person or entity; (v) forge headers, tamper with the TCP/IP packet header, or otherwise manipulate identifiers in order to disguise the origin of any information or other content transmitted to or through the Site; (vi) upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes" or any other form of solicitation; (vii) upload, post, e-mail or otherwise transmit any information or other content that contains computer viruses or any other computer code, files or programs designed to interrupt, destroy, modify, or limit the functionality of any computer software or hardware or telecommunications equipment; (viii) modify, reverse engineer, disassemble, decompile or otherwise attempt or allow others to attempt to discover the underlying computer code for the Site and/or our services; (ix) overwhelm or disable the Site or any of our services or interfere with the access and use of the Site and/or our services; (x) use any robot, spider or other program or device to retrieve or index any portion of the Site, harvest or otherwise collect information about other users for any purpose other than use of our services as expressly permitted herein; and (xi) intentionally or unintentionally violate any applicable local, state, national or international law.

8 Your Activities and Account

8.1 You represent that any information you post or provide to Research Now by means of this Site, including, without limitation, as part of any registration, application, survey, research or inquiry, is true, accurate, not misleading and offered in good faith.  You are fully responsible for all of your activities relating to the Site and the information you submit, and you shall bear all risks regarding the use of the Site and any submitted information.  For the purposes of this Agreement, the term "you" includes anyone you allow to use your computer or password.

8.2 You may never use another's account without permission.  You are solely responsible for the activity that occurs on your account, and you must keep your account password secure.  You must notify Research Now of any breach of security or unauthorized use of your account.

9 Privacy           

Your privacy is important to us.  Our use of your information and your use of the Site and the Services is governed by our Privacy Policy which is incorporated in and subject to these Terms of Use.  To review our Privacy Policy, click here.

10 Warranty Disclaimer

10.1 Your use of the site is at your sole risk. Research Now makes no warranty that the site will meet your requirements. All site information and services are provided on an "as is" and "as available" basis, without warranties of any kind, express, statutory or implied, including without limitation, any implied warranties of merchantability, fitness for a particular purpose, noninfringment or nonmisappropriation of intellectual property rights of a third party, title, custom, trade, quite enjoyment, accuracy of information content, or system integration. Research Now does not warrant that the site will be available or operate in an uninterrupted, error free or completely secure manner or that errors or defects will be corrected.

10.2 Separate terms and conditions may apply to certain products, services and materials available through this Site.  In such event, such terms and conditions if any will be brought to your attention.

11 Limitation of Liability

11.1 Under no circumstances shall Research now or any of its partners, agents, affiliates, or licensors be liable to you or any other person for any indirect, incidental special or consequential damages arising out of or relating to this agreement, or use or attempted use of the site. Your sole and exclusive remedy hereunder shall be for you to discontinue your use of the site.

11.2 You and Research Now agree that any cause of action arising out of or related to the Site or any information or services must be commenced within one (1) year after the cause of action accrues.  Otherwise, such cause of action is permanently barred.

12 Links

12.1 The Site and/or the Services may provide, or third parties may provide, links to other websites or resources.  Because Research Now has no control over such sites or resources, you acknowledge and agree that Research Now is not responsible for the availability of such external sites 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 sites or resources. 

12.2 Research Now assumes no responsibility for the content, privacy policies or practices by such third-party websites.  You acknowledge that Research Now is providing these links to you solely as a convenience.  By using this Site, you expressly waive any rights, claims or liability against Research Now from your use of any third-party website.  You shall not attribute a link on your website to this Site and then link somewhere else.  Furthermore, you agree not to frame any information from the Site or otherwise present any content from the Site as your own. 

12.3 You may only link to this Site with our prior written permission.  Research Now reserves the right to remove any links to its website that it deems are inappropriate without notice.

13 Dispute Resolution

13.1 Any disputes and/or claims arising out of or related to this Agreement, the Site, the Valued Opinions Panel or any surveys or research under or relating to this Agreement shall be resolved exclusively through the use of binding arbitration. Such arbitration shall be subject to the Federal Arbitration Act and the rules of the American Arbitration Association which shall govern such arbitration and be conducted before a single arbitrator in New York City, New York.  Any claimants shall have their claims/disputes resolved on an individual basis. Class action arbitration is prohibited under this Agreement.  Neither you nor we shall be entitled to join or consolidate claims in arbitration by or against other users or arbitrate any claims as a member of a class or in a private attorney general capacity.  Each party shall bear its own costs, including any attorneys' fees, associated with such arbitration.

13.2 Any award rendered in arbitration shall be final and binding, and may be enforced in any court having competent jurisdiction.  In addition to any other remedies, we shall also have the right to seek injunctive relief outside of arbitration to protect our intellectual property rights.

14 General Information

14.1 This Agreement and our Privacy Policy incorporated herein constitute the entire agreement between you and Research Now relating to your use of our Site and related services. 

14.2 This Agreement and the relationship between you and Research Now shall be governed by the laws of the State of New York without regard to any conflict of law provisions in any jurisdiction. 

14.3 You and Research Now agree to the personal and exclusive jurisdiction of the federal and state courts located within the City of New York, State of New York.  You hereby consent to the exclusive jurisdiction and venue of the state and federal courts in New York City in all disputes arising out of or relating to this Agreement, the Site, and our services. 

14.4 The failure of Research Now to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. 

14.5 Should any part of this Agreement be declared invalid or unenforceable by a court of competent jurisdiction, this shall not affect the validity of any remaining portion and such remaining portion shall remain in full force and effect as if the invalid portion of this Agreement had been eliminated.

14.6 BLOCKBUSTER GiftCards® are subject to complete terms and conditions found on card and/or packaging, and are redeemable for movies, games and entertainment product at participating BLOCKBUSTER store locations nationwide.  Membership rules and certain restrictions apply for rental at BLOCKBUSTER.  For complete Blockbuster GiftCard terms and conditions, or to locate the store nearest you, visit www.blockbuster.com.  BLOCKBUSTER name, design and related marks are trademarks of Blockbuster Inc.© 2008 Blockbuster Inc.  All rights reserved.