Terms and Conditions
1. Trone Research & Consulting Site — Panelist Agreement.
This Agreement sets forth the terms and conditions that apply to your use of the www.tronepanel.com website ("opinions@trone") and any and all other products, services, polls or surveys offered by Trone Research & Consulting through opinions@trone or through other means. The privilege to use opinions@trone and any other product or service offered by Trone Research & Consulting is personal to you and is not transferable to any other person or entity and may be revoked by us at any time for any reason.
Acceptance of Terms. Your completion of the initial questionnaire shall conclusively be deemed to constitute your acceptance of the Terms and Conditions in this Agreement.
Definitions. The "Surveys" are the online poll and survey opportunities operated by Trone Research & Consulting on the World Wide Web or offered to Panelists by any other means. "Panelist" means each person who visits opinions@trone or who registers to participate in any of the Surveys offered by Trone Research & Consulting. These Terms and Conditions will apply to all Panelists unless otherwise noted.
General. Trone Research & Consulting will have the right at any time to change or discontinue any aspect or feature of the Surveys, the form for registration as a Panelist, the Surveys provided or any other item presented on the website.
Changed Terms. Trone Research & Consulting will have the right at any time to change or modify these Terms and Conditions applicable to use of the Surveys. Such changes, modifications, additions or deletions shall be effective immediately upon posting a revised version of these Terms and Conditions on opinions@trone. Any participation in a Survey by a Panelist after such notice (other than to terminate Panelist's participation) will conclusively be deemed to constitute acceptance by the Panelist of such changes, modifications, additions or deletions. Each Panelist agrees to review the Terms and Conditions periodically to be aware of such revisions.
2. PANELIST CONDUCT.
The Surveys will be used only for the purpose of responding to Surveys in which the Panelist is invited to participate. Panelists may not use the Surveys or opinions@trone for any other purpose. Each Panelist acknowledges that he or she understands this limited use of the Surveys and agrees that he or she will not use the Surveys for any other purpose. The Surveys may contain copyrighted material, trademarks and other proprietary information. No Panelist may modify, publish, transmit, participate in the transfer or sale of, create derivative works from, reveal or display publicly, or in any way exploit any of the content of the Surveys, in whole or in part, without the express written permission of Trone Research & Consulting.
Each Panelist hereby grants to Trone Research & Consulting, its successors, assigns and licensees, an irrevocable, royalty-free license to use, reproduce, modify, adapt, publish, translate, perform, create derivative works from and display any information or other content of any nature whatsoever, in whole or in part, provided by the Panelist in the course of, or arising out of, the Panelist's participation in the Surveys, and to incorporate such content in other works in any form, media or technology now known or hereinafter developed.
Each Panelist will provide Trone Research & Consulting with accurate, complete and updated information regarding his or her name and email address provided by the Panelist at registration. Once a Panelist is registered, he or she should use the Update Registration link to update their registration information. If a Panelist needs an email account, free email services are available through companies such as hotmail.com, netzero.com, juno.com, and other companies. If a Panelist needs Internet access, he or she can visit his or her local library.
Each Panelist will be entitled to register once, and that registration will be in the name of the Panelist. No Panelist may select or use a Panelist name or email address of another person, or use multiple email addresses on opinions@trone. No Panelist may respond to any Survey more than once. No employee of Trone Research & Consulting, or family member of an employee of Trone Research & Consulting, shall be entitled to register as a Panelist.
The foregoing provisions of this Section 2 are for the benefit of Trone Research & Consulting, its affiliates, and any third-party providers and licensors, if any, and each shall have the right to assert and enforce such provisions directly on its own behalf.
Any violation by a Panelist of these Terms and Conditions may result in termination of that Panelist's registration, and may also result in civil liability for all damages suffered by Trone Research & Consulting as a result of such violation.
3. DISCLAIMER OF WARRANTY — LIMITATION OF LIABILITY.
(A) Each Panelist expressly agrees that the Panelist's use of the Surveys is at his or her sole risk. None of Trone Research & Consulting, its affiliates or any of their respective employees, agents, third party content providers or licensors, if any, warrant that the use of and access to the Surveys will be uninterrupted or error free.
(B) The Surveys are provided on an as-is basis without warranties of any kind, either expressed or implied, including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties that are implied by and incapable of exclusion, restriction or modification under the laws applicable to this Agreement.
(C) The disclaimers of liability contained in this Section 3 apply to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, or destruction or unauthorized access to, alteration of or use of record, whether for breach of contract, tortious behavior, negligence or under any other cause of action. Each Panelist specifically acknowledges that Trone Research & Consulting is not liable for the defamatory, offensive or illegal conduct of third parties, including other Panelists, and that the risk of injury from the foregoing rests entirely with each Panelist.
(D) In no event will Trone Research & Consulting or any person or entity involved in creating, producing or distributing the Surveys be liable for any direct, indirect, incidental, special or consequential damages arising out of the use of or inability to use the Surveys or out of the breach of any warranty. No responsibility is assumed by Trone Research & Consulting or any of its subsidiaries or affiliate for any lost, late, corrupted or misdirected communication, or for any computer, telephone or technical malfunctions that may occur.
(E) Trone Research & Consulting neither endorses nor is responsible for any offensive, defamatory or obscene posting made on the Surveys by anyone. Under no circumstances will Trone Research & Consulting be liable for any loss or damage caused by a Panelist's reliance on information obtained through the content on the Surveys, or in any communication associated with the Surveys.
(F) Each Panelist specifically acknowledges that in no event will Trone Research & Consulting, its affiliates or any of their respective employees or agents be liable for any direct, indirect, incidental, special or consequential damages arising out of the use by such Panelist of any browser owned or operated by any party or the downloading of any software owned or operated by any third party in connection with the Surveys.
Trone Research & Consulting has the right, but not the obligation, to monitor the content of the Surveys to determine compliance with this Agreement and any other operating rules established by Trone Research & Consulting. Trone Research & Consulting will have the right in its sole discretion to edit any material on the Surveys. Without limiting the foregoing, Trone Research & Consulting will have the right to remove any material that Trone Research & Consulting, in its sole discretion, finds to be in violation of the provisions hereof, otherwise objectionable or stale. Notwithstanding this right of Trone Research & Consulting, Panelists will remain solely responsible for the content of their answers. Each Panelist acknowledges and agrees that neither Trone Research & Consulting nor any third party content provider will assume or have any liability for any action or inaction by Trone Research & Consulting or any third-party content provider with respect to any conduct or communication relating to the Surveys.
General. Each Panelist acknowledges that Trone Research & Consulting may use sweepstakes to reward Panelists who participate in the Surveys on opinions@trone.
Odds of Winning. Each Panelist acknowledges that sweepstakes are designed so that not every participant wins, and that many participants will not win any reward for their effort in completing a Survey. Trone Research & Consulting will include in each email inviting Panelists to participate in any Survey (or otherwise provide with each invitation to Panelists to participate) an approximation of the chances of winning in the sweepstakes and the value of the prize. The actual odds will vary depending on the number of Panelists who participate, and Trone Research & Consulting may not be able to control the number of Panelists who participate.
No Participation by Persons Under the Age of 21. Only Panelists who are legal residents of the 50 United States, the District of Columbia, U.S. Military personnel (and their families) with APO/FPO addresses who are 21 years of age or older shall be entitled to participate in any sweepstakes reward.
Taxes and Transfer. Panelists who are selected as sweepstakes winners are responsible for the payment of all applicable federal, state and local taxes related to the prize. Prizes are not transferable.
Each Panelist agrees to defend, indemnify and hold harmless Trone Research & Consulting, its affiliates and their respective directors, officers, employees and agents from and against all claims, demands, causes of action and expenses, including attorneys' fees, arising out of the use of the Surveys by such Panelist. In all cases, Trone Research & Consulting will be entitled to a defense using counsel of its choosing, at the sole expense of such Panelist.
Either Trone Research & Consulting or a Panelist may terminate this Agreement at any time, and for any reason. A Panelist's only right with respect to any dissatisfaction with any terms and conditions of this Agreement, any policy or practice of Trone Research & Consulting in operating the Surveys, or any content available through the Surveys or any change therein, is to terminate this Agreement by sending an email message that he or she wishes to be removed as a participant to email@example.com, or by using the Panelist Update link provided with email messages Trone Research & Consulting has sent to each Panelist. Without limiting the foregoing, Trone Research & Consulting will have the right to immediately terminate this Agreement with respect to any Panelist in the event of any conduct by a Panelist that Trone Research & Consulting, in its sole discretion, considers to be unacceptable, or in the event of any breach by Panelist of this Agreement. The provisions of Sections 3, 4, 6, and this Section 7 shall survive termination of this Agreement.
All trademarks are the property of Trone Research & Consulting. All rights reserved. All other trademarks appearing on the Surveys are the property of their respective owners.
Each Panelist will be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the Surveys, and Panelists will be responsible for all charges related thereto.
10. VOID WHERE PROHIBITED.
The Surveys and sweepstakes are void where prohibited by law.