Definition of terms

Panel: Ellementa Research and Review Lab market research access panel

Participant: an individual member of the Panel that agrees to participate in a study.

Intellectual Property – ownership of content, assignment of rights to content

When you participate in one of our studies, you agree that title, ownership rights, and other intellectual property and proprietary rights in the panel shall remain in Ellementa and/or its licensors and suppliers.

Through your participation, you acknowledge that the content of the website, the application and the panel – including but not limited to text, sound, photographs, graphics, software or other material contained in Ellementa e-mail communications, services or software – is copyrighted by  Ellementa and/or its licensors and suppliers under the United States and international copyright laws and author’s rights laws, is subject to other intellectual property and proprietary rights and laws, and is owned by Ellementa or its licensors and suppliers.

Save as otherwise provided by applicable copyright law and/or author’s rights laws, such content may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without the prior written permission of Ellementa and its applicable licensors or suppliers, with the sole exception that one copy of any necessary software that may be provided by Ellementa may be downloaded onto a single computer for your personal, non-commercial use.

You must abide by all copyright notices, information, or restrictions contained in or attached to any such content.

Any and all survey responses, data and information provided by a participant during your participation on the Panel including as part of a survey or study, becomes the Intellectual Property of Ellementa and/or its client or partners. This includes:

• Survey responses
• Images or videos
• Response to open-ended survey questions

Confidentiality

As a participant in our study, you will be exposed to some new products and innovative ideas from our clients and we ask that you do not share any of the information relating to the products or the research activity in which you participated, via any medium.

If Ellementa has reason to believe you have shared material containing our client’s intellectual property outside the context of the research activity, your membership may be terminated.

Limitation of Liability

Neither Ellementa nor its officers, directors, stockholders, subsidiaries, employees, agents, licensors, affiliates, or other third-party providers shall be held liable for any damages or losses, whether direct, indirect, incidental, special, consequential or exemplary damages resulting from:

• The use or inability to use the panel;
• The cost of procurement of substitute goods or services;
• Any transaction entered into or through the panel;
• The reliance on or use of any information, goods, services or merchandise provided on the panel;
• Unauthorized access to or alteration of participates transmissions or data;
• Statements or conduct of any third party; Any claim attributable to errors, omissions or other inaccuracies in the panel and/or materials or information retrieved through the panel; or
• Any other matter relating to the panel or these terms.

If this limitation of liability provision shall be deemed unenforceable, either in whole or in part, then such parts as are unenforceable shall be deleted, the remaining parts shall remain in full force and effect and the liability of Ellementa shall be limited to the greatest extent permitted by applicable law.

Nothing in these terms shall exclude or limit the liability of Ellementa for:

• Death or personal injury arising from its negligence; or
• Liability arising from fraud.

Trademark Information

Ellementa Research and Review Lab is a trademark of Ellementa Inc. Other trademarks, as well as any third-party trademarks, service marks, logos and trade names appearing on the website, the application or through the panel, are the property of their respective owners.

Jurisdiction and Governing Law

These terms shall be governed by and construed according to the laws of the State of Alaska.

If any provision(s) of these terms are held by a court of competent jurisdiction to be invalid, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, and all other provisions shall remain in full force and effect. Ellementa and participant agree that all lawsuits or proceedings arising out of these terms, or out of participant’s use of the panel, shall be brought in the courts of the State of Alaska, and the parties hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose.

Indemnification

Participate agrees to pay the reasonable costs incurred by Ellementa and its subsidiaries, predecessors, successors, affiliates, officers, directors, employees, agents, licensors, suppliers, co-branders, third-party providers, clients, partners, reward partners or other partners that such parties may incur as a result of, due to, or arising out of the negligent or willful violation by member (or anyone acting under member’s account or password) of these terms or the use or misuse of the panel by member (or anyone acting under member’s account or password), or the violation of any rights of another by member (or anyone acting under member’s account or password).