GENERATION-Z | Terms of Service
Last Updated October 16, 2014
These terms and conditions apply to your use of any marketing or email data or services provided by Generation-Z or its affiliated companies (“Generation-Z”), which data or services are referred to collectively as the “Data.”
(a) The term “Generation-Z Property” means all programs, files, systems, documentation, information, content, graphics, page layouts, site designs, user interfaces utilized or provided by Generation-Z, work product produced by Generation-Z, and derivative works of any of the foregoing, including, without limitation, the website or websites made available to you by Generation-Z, any HTML programming performed as part of providing you with Data and any other special programs, functionalities, interfaces and other work product, ideas, concepts or techniques which Generation-Z may develop, use or rely upon in providing the Data to you.
(b) All Generation-Z Property shall be and will remain the property of Generation-Z.
(c) As between you and Generation-Z, Generation-Z shall be the sole and exclusive owner of all patents, copyrights, trademarks, trade secrets and other intellectual property rights in and to the Generation-Z property and to the Data.
(d) Generation-Z owns and has rights to all of the intellectual property rights in and to the software and services (including all improvements thereof). All suggestions, enhancements, requests, feedback or recommendations provided by You or any other party shall be owned by Generation-Z.
- Limited License.
(a) You are granted a personal, nontransferable and nonexclusive license to use the Data solely for your direct marketing, market research and customer prospecting purposes. Upon exiting the Website, you shall discontinue use of the Data and, as requested by Generation-Z, either (a) return the Data to Generation-Z without retaining any copies thereof or any notes or other information thereon or (b) provide a certificate, executed by you, in form and substance satisfactory to Generation-Z, that the Data has been destroyed in such a manner to render the Data permanently unreadable and unrecoverable.
(b) Generation-Z does not represent or warrant that (i) the Service will be error-free or accessible at all times, (ii) defects will be corrected, (iii) the Service or the server that makes it available, are free of viruses or other harmful components, or (iv) the use or the results of the use of the Service or the materials made available as part of the Service will be correct, accurate, timely, or otherwise reliable. You specifically agree that Generation-Z shall not be responsible for unauthorized access to or alteration of your data.
- Limitations on Use.
(a) Unless specifically authorized in advance and in writing by Generation-Z, you will not share, sell, transfer or otherwise make the Data available to any third person or entity and you will use your best efforts to prevent the misuse or unauthorized use of the Data by any third person or entity.
(b) You will not name or refer to Generation-Z or your use of the Data in any of your advertisements or promotional or marketing materials.
(c) You will not use the Data for consumer credit purposes, underwriting consumer insurance, employment purposes, tenant screening purposes, for any other purpose covered by the Federal Fair Credit Reporting Act or for any other purpose not expressly authorized by the Agreement.
- Your Responsibilities; Use of Email Data; Review and Audit by Generation-Z.
(a) Your use of the Data will comply with all applicable federal, state, local and foreign laws, statutes, rules and regulations (“Laws”), including Laws regarding telemarketing, email and facsimile marketing, customer solicitation and all applicable guidelines of the Direct Marketing Association (“DMA”). If you are not a member of the DMA, you will use your best efforts to comply with the DMA’s guidelines.
(b) Your use of any email Data will comply with all applicable Laws, including the CAN-SPAM Act, COPPA, and any State Registry laws.
(c) Generation-Z reserves the right to review your use of the Data to ensure compliance with this Agreement, but any failure of Generation-Z to review such use will not constitute acceptance of such use or waive any of Generation-Z’s rights hereunder or limit any of your obligations with respect to the Data. At any time upon at least three (3) days’ notice, Generation-Z may audit your records to determine whether you are in compliance with this Agreement and you will make available to Generation-Z or its representatives all records necessary for the conduct of such an audit.
- Eligibility for Consumer Surveys
(a) Membership registration is limited to individuals who are allowed to register under the laws of the United States and under the laws of the jurisdiction in which the individual resides. By registering as a member of this site, you agree to be bound by all eligibility determinations made by Generation-Z in accordance with each survey’s particular specifications, applicable survey research codes of ethics, applicable laws and these Terms and Conditions. Such eligibility determination shall be made by Generation-Z in its sole discretion, and such decisions are final and binding.
- Registration and Participation in Surveys
(a) To register for membership, you must provide all information required in the registration form and submit that form to Generation-Z for validation and verification. Only one registration form per person per survey may be submitted. You will designate your own email address and a unique password. You will be responsible for maintaining the confidentiality of your password and are fully responsible for all activities that occur under your email address and password. You agree to immediately notify Generation-Z of any unauthorized use of your email address and password. By registering with Generation-Z, you agree to receive email messages from Generation-Z inviting you to participate in market research surveys and other information pertaining to your membership and the administration thereof. These communications are considered to be a necessary part of your membership and you may only opt out of receiving these messages by terminating your Generation-Z membership. From time to time, Generation-Z may request that other members of your household, including your children, participate in surveys under your email address and password. In such cases, Generation-Z will provide an express invitation to you for their participation explaining the subject of the survey. You may accept or decline an invitation to participate in a survey at any time and may only use your email address and password to participate one time per survey.
(b) Except as described above, you may not allow any other person to use your email address or password to access Generation-Z’s websites. No incentive (if offered) will be earned for surveys completed by anyone other than the member or members of their household (or their children, if their children have been requested to complete a survey) under whose email address the survey is submitted. Members who permit any other persons to complete surveys under the member’s email address and password (except as authorized above) may be disqualified from any further participation in Generation-Z services. In consideration of your becoming a registered member, you represent that you are not barred from receiving internet access or participating in Generation-Z surveys under the laws of the United States or any other applicable jurisdiction. You also agree to: (i) provide accurate, current and complete information about yourself as required in the registration section; (ii) maintain and update the registration information to keep it accurate, current and complete; and (iii) comply with all applicable laws regarding the transmission of technical data exported from the United States, from the country in which you reside and to and from the country or countries in which you receive or transmit information to or from Generation-Z.
- The Survey Process.
(a) From time to time, registered members will receive emails from Generation-Z inviting them to participate in a survey currently being conducted. Surveys are conducted for the benefit of Generation-Z and its clients who have requested market research for a particular product or service or group of products and/or services within a particular demographic segment or segments of the population. Since most clients will require their surveys to focus on specific demographic groups, not all registered members will be invited to participate in every survey and not all respondents to an email survey invitation will be allowed to complete each survey. Invitations to participate in surveys will be sent out based upon the demographic criteria provided by members during the registration process and by the additional information provided by members through Generation-Z’s other platforms and/or websites. Registered members who agree to participate in a survey for which they have received an email invitation, may access the survey by clicking on the link provided in the email invitation. The respondent member will then be linked to a server containing a series of screening questions designed to ensure that a representative population of members meeting the client’s survey criteria are included in the survey process. The screening questions are not a part of the actual survey. The number of screening questions asked prior to the start of each survey will be limited in number but will vary by survey. Unless a particular survey has already received a sufficient number of responses or has otherwise been closed, those respondents that answer all the screening questions and meet all of the client requirements for the survey will be linked to the survey. Those members who then complete the survey and whose completed survey results are validated by Generation-Z will be entitled to receive whatever incentive was offered (if any).
- Member Privacy.
- Disqualification and Termination.
(b) Termination for any of the aforementioned reasons includes: (i) removal of all access to participation in surveys and referral of new members; (ii) removal of all email address, password, incentive account (if any) and registration information; and (iii) prohibition of future registration on and use of Generation-Z websites. Termination for any of the aforementioned reasons may also subject such member to civil and criminal penalties and may result in legal action against such member. Members may also terminate their membership upon request. Such termination would include removal of all access to participation in surveys. Generation-Z reserves the right to terminate the account of any member and/or modify, or discontinue temporarily or permanently the Website, services and/or incentive programs (or any part thereof) with or without cause, notice or explanation. Generation-Z shall not be liable to any member, former member or third party for any termination of a member or for any modification or discontinuance of the Website, services or incentive programs (or any part thereof). Generation-Z may invalidate a member’s participation in particular surveys if the respondent member does not meet the client’s requirements as evidenced by their responses to the screening questions, the survey is not completed within an allotted time frame or if any of the answers are deemed invalid during the validation procedures. Members will not receive incentives (if offered) for survey participation or referrals for any surveys which are not completed and validated.
- Third Party Beneficiaries.
(a) You agree that Generation-Z third party clients and service providers are deemed to be third party beneficiaries of these Terms and Conditions. Except as expressly provided in these Terms and Conditions, there are no other third party beneficiaries.
(a) You may have been referred to this Website or accessed this Website through a link from a third party Website. Generation-Z does not own such third party sites and have no control over the information contained on such Websites. As such, Generation-Z is not responsible or liable for any content, advertising, products or services available from such Websites or for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on the content, advertising, products or services contained on such Websites. Beware of any Website that asks you to pay them a fee in exchange for survey opportunities. Such sites may make claims regarding the number of surveys in which you can participate and the amount of money you can earn completing surveys online. They have made these claims without consulting Generation-Z and we do not uphold these promises. Such sites, to our knowledge, have not been approved by any of the major market research industry organizations, including the Council of American Survey Research Organizations (CASRO), the Marketing Research Association (MRA), and the American Marketing Association (AMA). Generation-Z makes no guarantee as to how many surveys you will be asked to respond to via our Website, how many surveys you will qualify to complete based upon your responses to the screening questions or how many incentives (if any) you can earn responding to surveys. There are no fees associated with registering as a member of Generation-Z or completing any online surveys for Generation-Z.
- Proprietary Rights.
(a) Except as expressly authorized by Generation-Z, you agree not to use, reproduce, disclose, duplicate, modify, rent, lease, loan, sell, distribute, exploit for any commercial purpose, or create derivative works based upon the Website, content or services provided therein, in whole or in part. Generation-Z grants you a personal, non-commercial, non-transferable and non-exclusive license to use the object code of its software on a single computer for the limited purposes of registering as a member, completing surveys and referring prospective members, provided you do not (and you do not allow third parties to): (i) distribute, disclose, copy, modify, or create derivative works of the software or content; (ii) reverse engineer, reverse assemble, or otherwise attempt to discover any source code; or (iii) sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the software or content for any purpose. You agree to access the Website only through the interface provided by Generation-Z.
- Disclaimer of Warranties; Limited Warranty.
(a) THE DATA IS PROVIDED ON A STRICTLY “AS IS” BASIS. GENERATION-Z DOES NOT ASSURE OR WARRANT THE CORRECTNESS, COMPREHENSIVENESS OR COMPLETENESS OF THE DATA AND, GENERATION-Z DISCLAIMS ANY AND ALL WARRANTIES OF ANY NATURE, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
(b) THIS SITE AND ALL CONTENT ON THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. GENERATION-Z MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS OR SERVICES INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. GENERATION-Z DOES NOT WARRANT THAT THIS SITE, ITS SERVERS OR EMAIL SENT: (i) WILL MEET YOUR REQUIREMENTS; (ii) WILL BE UNINTERRUPTED, TIMELY, SECURE, ACCURATE OR ERROR-FREE; OR (iii) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. GENERATION-Z IS NOT RESPONSIBLE FOR LOST, INTERRUPTED OR UNAVAILABLE NETWORK SERVER OR OTHER CONNECTIONS, MISCOMMUNICATIONS, FAILED TELEPHONE OR COMPUTER TRANSMISSIONS, TECHNICAL FAILURE, JUMBLED, SCRAMBLED OR MISDIRECTED TRANSMISSIONS, DELETIONS OR DISCLOSURES OF DATA AND INFORMATION OR OTHER ERROR OF ANY KIND WHETHER HUMAN, MECHANICAL OR ELECTRONIC. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, GENERATION-Z DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, GENERATION-Z WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND (WHETHER IN CONTRACT, STATUTE, TORT, STRICT LIABILITY OR UNDER ANY OTHER LEGAL THEORY) ARISING FROM THE USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOST PROFITS OR LOSS OF DATA, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSSES RESULTING FROM ANY DATA, INFORMATION OR SERVICES RECEIVED THROUGH THE USE OF THE WEBSITE, UNAUTHORIZED ACCESS TO OR ALTERATION, DELETION OR DISCLOSURE OF YOUR TRANSMISSIONS, INFORMATION OR DATA, THE PERFORMANCE, MISPERFORMANCE OR NONPERFORMANCE OF SERVICES, OR THE ACTS OR OMISSIONS OF THIRD PARTIES.
(c) SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OF IMPLIED WARRANTIES OR THE EXCLUSION OF CERTAIN TYPES OF DAMAGES, IN WHICH CASE, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN THE EVENT THAT A COURT OR ARBITRATION PANEL, AS THE CASE MAY BE, SHOULD HOLD THAT THE LIMITATIONS OF LIABILITIES OR REMEDIES AVAILABLE AS SET FORTH IN THESE TERMS AND CONDITIONS, OR ANY PORTIONS HEREOF, ARE UNENFORCEABLE FOR ANY REASON, OR THAT ANY OF YOUR REMEDIES UNDER THESE TERMS AND CONDITIONS FAIL, THEN YOU EXPRESSLY AGREE THAT UNDER NO CIRCUMSTANCES WILL THE TOTAL, AGGREGATE LIABILITY OF GENERATION-Z AND ITS AFFILIATES, SUBSIDIARIES, AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, LICENSORS (INCLUDING THIRD PARTY SERVICE PROVIDERS) AND CLIENTS, TO YOU OR ANY PARTY CLAIMING BY OR THROUGH YOU FOR ANY CAUSE WHATSOEVER EXCEED THE INCENTIVES ACTUALLY AND VALIDLY OWED TO YOU BY GENERATION-Z, REGARDLESS OF THE FORM OF ACTION AND WHETHER IN CONTRACT, STATUTE, TORT, STRICT LIABILITY OR OTHERWISE.
- Limitation of Liability.
(a) Generation-Z will not be liable for any claim, demand, loss, liability, damage, injuries, cost or expense (including reasonable attorneys’ fees and legal costs), whether general, direct, special, incidental, consequential or other damage caused in whole or in part or directly or indirectly by any use of the Data or any alleged or actual failure by Generation-Z to comply with the terms of the Agreement, whether or not any such damages were foreseeable or whether Generation-Z was advised of the possibility of such damages. Generation-Z’s maximum liability will not exceed the amount you paid Generation-Z within the 12 months preceding the event which gave rise to Generation-Z’s liability.
(b) To the full extent permissible by law, Generation-Z disclaims all responsibility for any damages or losses (including, without limitation, financial loss, damages for loss in business projects, loss of profits or other consequential losses) arising in contract, tort or otherwise from the use of or inability to use the Service or any material appearing within the Service, or from any action or decision taken as a result of using the Service or any such material.
(c) The Service may contain links to external sites. Generation-Z is not responsible for and has no control over the content of such sites. Information within the Service, or available via hypertext link from the Service, is made available without responsibility on the part of Generation-Z. Generation-Z disclaims all responsibility and liability (including for negligence) in relation to information on or accessible from the Service.
- Your Indemnification of Generation-Z.
(a) You shall indemnify, defend and hold harmless Generation-Z, its stockholders, directors, officers, employees, independent contractors and agents against any claim, demand, loss, liability, damage, injury cost or expense (including attorneys’ fees and legal costs) which arises, directly or indirectly, out of your act or omission with respect to the Data or any violation of Laws.
- Interruption of Service.
(a) You acknowledge that, given the technical nature of resources Generation-Z requires to provide the Data to you, temporary interruptions may occur in the provision of Data and that any such interruptions shall not result in Generation-Z having any liability to you or others and shall not suspend or eliminate any payment obligations to Generation-Z or provide you with any refund rights for amounts previously paid to Generation-Z.
- No Assignment by You.
(a) You may not assign your rights or obligations under this Agreement to any other person or entity without the prior written consent of Generation-Z, whether by operation of law or otherwise, and any attempt to do so shall be void.
- Additional Remedy of Termination.
(a) In addition to all other legal rights and remedies available to Generation-Z for any apparent, threatened or actual breach or violation of this Agreement by you, Generation-Z has the right to terminate this Agreement, your Use of the Site and demand immediate return or destruction of the Data at any time if Generation-Z believes you are not complying in full with this Agreement.
- Governing Law; Jurisdiction.
(a) This Agreement shall be governed by and construed under the laws of the State of Nevada, without regard for the principles of conflicts of law of that State or any other state. Any litigation or other dispute relating to or arising under this Agreement shall only be brought in the state or federal courts located in Clark County, Nevada and you agree to submit to the exclusive jurisdiction of those courts and waive any objections to the venue of any such proceeding in those courts.
- Payment for Non-Invoiced Products.
(a) Payment: You agree to pay Generation-Z a fee in accordance with the fees, charges and billing terms in effect at the time a fee or charge is due and payable. Fees charged are nonrefundable. In the case of subscription products, the subscription term shall be effective for the agreed upon period, after which the subscription term shall automatically renew for the specified renewal period (if any) at the then current subscription price.
(b) Recurring Billing: Your acceptance of these terms constitutes your authorization to Generation-Z to automatically charge the credit/debit card provided by you, and in the case of subscription products, to continue charging the credit/debit card at the agreed-upon intervals during the term of the subscription. You agree to provide Generation-Z with complete and accurate billing and contact information and to update that information within thirty (30) days of any change to the billing information. Failure of the recurring payment process does not absolve your payment obligations.
- Account/ Cancellation.
(a) You must register an account to use the Service. You agree not to share your account username and password with third parties, and to notify Generation-Z immediately of any unauthorized usage.
(b) Generation-Z may cancel or delete any account, for any reason, with or without notice. If you wish to cancel your account, you must notify Generation-Z by email to email@example.com. All information associated with the account, including the account itself as well as the historical data, will be permanently deleted.