General Terms & Conditions

  1. Applicability; Agreement
  2. Membership Eligibility
  3. Use of Websites; Surveys
  4. Panel Registration; Passwords
  5. Unauthorized Uses
  6. Restricted Content
  7. Your Content and Material
  8. Reward Programs; Sweepstakes
  9. Profile Updates
  10. Opt-Out Policy
  11. Links
  12. Communications with SSI
  13. Privacy
  14. Disclaimer
  15. Changes
  16. Indemnification
  17. Limitations of Liability
  18. Compliance with Applicable Laws
  19. Suspension; Termination; De-Activation of Panel Membership Accounts
  20. SSI Employees
  21. Intellectual Property
  22. Notices
  23. Severability
  24. Governing Laws; Disputes; Arbitration
  25. Miscellaneous Terms

 

1. Applicability; Agreement

These Terms and Conditions (these “Terms”) govern and apply to:

     (1) your registration and membership with SSI’s panels and subpanels, including, without limitation, Survey Spot Research Panel, OpinionWorld Research Panels, Choozz Research Panels, Opinion Outpost Research Panels and YourVoice Research Panels (individual each a “Panel” and collectively ”Panels”);

    (2) your use of and/or access to any Panel website(s) (individually each a “Website” and collectively “Websites”);

    (3) your participation in any survey or study offered, provided, hosted, or administered by SSI (individually a “Survey” and collectively “Surveys”); and

    (4) your eligibility for incentives which may be offered as consideration for your successful completion of certain SSI Surveys, including without limitation panel specific non-tangible “points” which may be redeemed for cash, goods, or services, and/or sweepstakes (individually an “Incentive” and collectively “Incentives”).

All references in these terms to “SSI” include Survey Sampling International, LLC, and it’s parents, subsidiaries, and affiliates. All references in these Terms to “us” or “we” refer to SSI.

By joining a Panel; using and/or accessing any Website; by participating in any Survey; or receiving Incentives, you hereby expressly agree to comply with, and be bound by, these Terms.

SSI reserves the right to: (i) refuse or reject an individual for Panel membership; (ii) terminate Panel membership with or without cause; (iii) limit, restrict, or prohibit an individual’s use of, and/or access to, any Website(s); (iv) limit, restrict, or prohibit an individual’s participation in any Survey(s); and (v) limit, restrict, or prohibit your receipt of or access to Incentives; at anytime, in its sole discretion.

top

2. Membership Eligibility

SSI Panel membership is generally open to individuals at least eighteen (18) years of age or older, although Panel specific restrictions may place an age limit and/or allow younger individuals to register for certain Panels. Panel membership may also be restricted to only those individuals residing in certain geographic locations (e.g. Canada, The United States of America, and/or one or more of its or their commonwealths, territories, and/or protectorates). We allow one (1) member per household. SSI may refuse our services to anyone at any time, at our sole discretion.

top

3. Use of Websites; Surveys

Websites are strictly for personal, non-commercial use. You may use the Websites only when and as available. SSI reserves the right to change, modify, or eliminate, and/or restrict or block access to, all or any part of any Website(s), without notice, at any time and from time-to-time.

SSI provides Panel members and non-Panel members with the opportunity to participate in Surveys. Participation in Surveys is voluntary. By agreeing to become a Panel member, you hereby agree to participate in Surveys. Additionally, SSI provides Panel members with the opportunity to communicate with other Panel members and/or SSI. You may unsubscribe from Panel membership at any time, see Section 10 "Opt Out Policy" below. Each Panel may have additional membership requirements (e.g. age restrictions/limitations, geographic restrictions, etc.); please consult with the Panel specific requirements located on the applicable Website(s).  

top

4. Panel Registration; Passwords

You may access any Website(s) as a visitor without registering for membership with the Panel associated with the Website(s) and without providing or disclosing Personal Information (as defined in SSI’s Privacy Policy ).

In order to register as a Panel member, you must register with the applicable Websites and provide certain Personal Information. Panel members and non-Panel members are required to truthfully provide all information. SSI reserves the right to terminate Panel membership, and/or restrict or prohibit participation in Surveys, if you provide information that is, or that is reasonably suspected to be, untrue, inaccurate, not current, or incomplete.

SSI will either: (i) issue a user name and password to a Panel member, or (ii) permit a Panel member to create his/her own user name and password. Panel members are solely responsible for the security of their user names and passwords and will be solely liable and responsible for any use, whether authorized or unauthorized, of their membership accounts. SSI strongly recommends against the use of a social security number, financial account number, or any other identification or account number, as a user name or password.

Panel membership is specific to the individual who registered and completed the demographic and other profile information sections. Incentives and any other rewards are awarded to an individual and are not transferable. Incentives are not tangible property, and therefore cannot be sold, transferred, or assigned to another Panel member or individual under any circumstances.

You acknowledge that you are performing any and all services for SSI in the capacity of an independent contractor, and no agency, partnership, join venture, employee-employer or franchisor-franchisee relationship is intended or created by this agreement.  You further acknowledge that any Incentives earned by successfully completing applicable Surveys constitute the entirety of compensation arising out of this relationship

top

5. Unauthorized Uses

You agree not to:

        • Use spiders, robots or other automated data mining techniques to catalog, download, store, or otherwise reproduce or distribute content available on any Website, or to manipulate the results of any Survey or any prize draw;

        • Take any action to interfere with any Website(s) or an individual’s use of any Website, including, without limitation, by overloading, “flooding”, “mail bombing” or “crashing” any Website

        • Send, to SSI, and/or to or from any Website, any illegal, deceptive, or harmful code, including, without limitation, any virus, spyware, adware, or any other harmful code;

        • Send unsolicited emails, including, without limitation, promotions and/or advertising of products or services;

        • Open, use, or maintain more than one (1) membership account within a Panel;

        • Forge or mask your true identity;

        • Frame a portion(s) of any Website within another website or alter the appearance of any Website;

        • Establish links from any other website to any page of, on, or located within any Website, without the prior express written permission of SSI, and in no event shall links to any page other than the Website home page be established;

        • Post or transmit any threatening, libelous, defamatory, obscene, scandalous, or inflammatory material or content or any material or content that could otherwise violate Applicable Laws (as defined herein);

        • Intentionally or willfully submit falsified data or commit any other fraudulent act(s), including without limitation attempts to earn Incentives or redeem Incentives in any manner that conflicts with the intent of these Terms; attempts to fraudulently earn, redeem, or purchasing points; or tampering with Surveys or links;

        • Reverse engineer any aspect of any Website or do or take any act that might reveal or disclose the source code, or bypass or circumvent measurers or controls utilized to prohibit, restrict or limit access to any webpage, content or code, except as expressly permitted by Applicable Laws;

        • Engage in any criminal act(s); or

        • Encourage and/or advise any individual, including, without limitation, any SSI employee, to commit any act(s) prohibited hereunder.

 You acknowledge and agree that SSI will fully cooperate with all legal disclosure request(s) (e.g. court order or subpoena).

top

6. Restricted Content

In connection with your Panel membership or participation in a Survey, you may have the opportunity to review or access confidential and proprietary information, materials, products, and content (“Restricted Content”) belonging to SSI and/or SSI’s clients, partners and/or licensors. Restricted Content is and shall remain the sole and exclusive property of the owner of the Restricted Content. In no event shall you obtain or receive any right, title, and/or interest in or to any Restricted Content. You agree to protect the confidentiality and secrecy of the Restricted Content and you agree not to modify, copy, reproduce, create derivative works of, republish, display, transmit, distribute, reverse engineer, create derivative works of, decompile, or otherwise use, alter or transfer Restricted Content without the prior express written consent of SSI. You acknowledge and agree Restricted Content may be subject to, and protected by, intellectual property laws, regulations, and codes. You further acknowledge and agree that if you breach or otherwise violate the restrictions, limitations, and prohibitions contained in this Section, in addition to any other rights or remedies available to SSI, SSI reserves the right to terminate, prohibit or restrict your membership with Panels and/or your ability to participate in Surveys.   

top

7. Your Content and Material

You are solely liable and responsible for all content, materials, information, and comments (“User Content”) you use, upload, post or submit in connection with the Websites and/or during Survey participation. You are solely responsible for all third party approvals, consents, and/or authorizations required for User Content.

By using, uploading, posting, or submitting User Content in connection with the Websites and/or during Survey participation, you hereby grant SSI a perpetual, irrevocable, unlimited, transferrable, sub-licensable, world-wide, royalty free, right and license to edit, copy, transmit, publish, display, create derivative works of, reproduce, modify, distribute, and otherwise use your User Content.

top

8. Reward Programs; Sweepstakes

SSI may, at its sole discretion, offer or conduct rewards or other Incentives on certain studies. The terms and conditions for the rewards programs and sweepstakes are located on each applicable Website, and specific rewards and sweepstakes terms may be included in Survey invitations. SSI may engage a third party or third parties to administer rewards programs and sweepstakes.

Where applicable, the Incentive(s) being offered for a Survey will be displayed with each Survey invitation or on the opening page to the Survey. Determination of eligibility for Incentives may be made at any time during the Survey for reasons which may include, but are not necessarily limited to demographics, inconsistencies, overly hurried responses, or for other reasons. Incentives earned by a Panelist will be credited to the Panel member's account (as long as the Panel member's account is in good standing with SSI) generally a few minutes after completion of a Survey, or winning an instant win game. However, some Surveys may require follow-ups or have other specifications that require us to not award Incentives for up to four (4) to  eight (8) weeks after the Survey finishes. Fulfillment of prizes in connection with sweepstakes/promotion drawings depend on several factors and are subject to the official rules for the particular sweepstakes/promotion. In some cases, Surveys offered by SSI are hosted by unaffiliated partners, in such cases, the decision to award Incentives lies solely within our partner(s) discretion, and such decisions are final.

top

9. Profile Updates

Panel members agree to promptly notify SSI of any changes in or to information contained in their member profile. Panel members agree to review and update, as necessary, membership profiles no less frequently than once every twelve (12) months. A Panel member may update, correct, and/or delete information contained in his or her membership profiles by: (i) accessing his or her Panel membership account; or (ii) sending an email to the appropriate Panel member services team for the appropriate Panel.

top

10. Opt-Out Policy

Panel members may opt-out from Panel membership, at any time, by: (i) following the unsubscribe procedures described on the applicable Website(s) or contained in any Survey email invitation; or (ii) by sending an email to the Panel member services team. SSI shall use reasonable efforts to read and respond to each email request within two (2) to three (3) business days. Upon termination, a Panel member’s contact information will be removed from any further communication or contact lists. Please allow a few days for the complete removal of contact information from SSI’s communication or contact lists for the applicable Panel; during which time period the Panel member may receive communications which were created or compiled prior to termination. SSI may retain profile information in SSI’s databases indefinitely, subject to SSI’s Privacy Policy (“SSI’s Privacy Notice”).

Panel members may sign up to receive a newsletter that provides information on new features or contests. A Panel member may opt-out from receiving SSI’s newsletter by clicking the unsubscribe button or link contained within the newsletter and following any instructions or prompts.

 top

11. Links

You may be able to voluntarily link or connect to websites maintained and/or operated by third parties (“Third Party Websites”). SSI does not endorse any Third Party Website nor any products, services, and/or opportunities advertised, offered and/or sold by, through or in connection with any Third Party Website (“Third Party Information”). SSI does not make any representations or warranties regarding the Third Party Websites and/or the Third Party Information. Please carefully review all policies and terms applicable to the Third Party Websites and the Third Party Information. 

top

12. Communications with SSI

All communications and User Content submitted or transmitted by You to SSI, by electronic mail or otherwise, shall be treated as non-confidential and non-proprietary information, unless specifically indicated by You either prior to, or contemporaneously with, the submission or transmission of such communications and User Content. You agree that any such communications and User Content may used by SSI for any legal reason.  

top

13. Privacy

SSI takes your privacy very seriously. For information about SSI’s privacy practices, please review SSI’s Privacy Policy.

top

14. Disclaimer

THE WEBSITES, INCLUDING ALL INFORMATION, CONTENT, MATERIAL, COMMENTARY AND SERVICES MADE AVAILABLE ON, OR THROUGH, THE WEBSITES, ARE PROVIDED “AS IS”. SSI DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER IN CONNECTION WITH ANY INFORMATION, CONTENT, MATERIAL, COMMENTARY, OR SERVICES MADE AVAILABLE ON, OR THROUGH, THE WEBSITES, INCLUDING, WITHOUT LIMITATION, ANY INFORMATION, CONTENT, MATERIAL, OR COMMENTARY SUBMITTED, UPLOADED, OR POSTED BY ANY PANEL MEMBER. FURTHER, SSI HEREBY DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATIONS, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. SSI DOES NOT WARRANT THAT THE TOOLS OR FUNCTIONS CONTAINED IN THE WEBSITES OR ANY CONTENT, MATERIAL, COMMENTARY, INFORMATION AND/OR SERVICES CONTAINED THEREIN, WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SYSTEMS OR THE SERVER(S) THAT SUPPORT THE WEBSITES AND MAKE THE WEBSITES AVAILABLE WILL BE CORRECTED, OR THAT THE SYSTEMS OR THE SERVER(S) THAT SUPPORT THE WEBSITES AND MAKE THE WEBSITES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SSI DOES NOT PROVIDE ACCESS OR CONNECTION TO THE INTERNET AND IS NOT AND SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE ACTIONS OR OMISSIONS OF THIRD PARTIES THAT INTERFERE WITH, LIMIT, RESTRICT, OR PREVENT ACCESS OR CONNECTION TO, OR USE OF, SURVEYS, SSI’S SERVICES, AND/OR THE WEBSITES.

top

15. Changes

All information posted on the Websites is subject to change, at any time, without prior notice. These Terms may be changed at any time without prior notice from SSI. Any changes to these Terms will be posted in the area or location SSI deems appropriate. SSI strongly recommends that you check the Websites frequently for any changes. By using and/or accessing any Website(s), continuing Panel membership to, in, or with a Panel(s), participating in a Survey(s), or receiving or redeeming Incentives, after these Terms have been modified, constitutes your acceptance of these Terms, as modified.

top

16. Indemnification

You agree to indemnify, defend and hold harmless SSI, its parents, affiliates and subsidiaries and each of their respective divisions, members, managers, shareholders, directors, officers, employees and agents from and against any and all claims, liabilities, losses, judgments, awards, fines, penalties and costs and/or expenses of any kind, including, without limitation, reasonable attorneys’ fees and court costs, arising out of, resulting from, in connection with, or caused by, whether directly or indirectly, your breach or violation of these Terms.

You further agree to indemnify and hold harmless SSI from and against, any actions taken by any individual accessing your account, including but not limited to accumulation of Incentives, redemption of Incentives, and disclosure of passwords to third parties. By accepting Incentives, you hereby release SSI and its parents, subsidiaries, and affiliates, and each of their divisions, members, managers, shareholders, directors, officers, employees, and agents from any and all liability regarding the redemption of Incentives, use of Incentives, or other participation in Incentive programs.

top

17. Limitations of Liability

EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAWS, YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL SSI BE LIABLE, OR OTHERWISE RESPONSIBLE, TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR PUNITIVE DAMAGES, FOR ANY REASON(S) OR FOR ANY CAUSE(S), REGARDLESS OF WHETHER SSI IS INFORMED OF THE POSSIBILITY THE SUCH DAMAGES MAY EXIST.

18. Compliance with Applicable Laws

You acknowledge and agree that you will comply with all applicable international, national, Federal, state, and/or local laws, codes, regulations, rules and/or requirements (“Applicable Laws”) regarding your: (i) use of, and/or access to, Websites; (ii) membership to, in, or with Panels; (iii) participation in Surveys; and/or (iv) receipt. Redemption, and/or use of Incentives.

top

19. Suspension; Termination; De-Activation of Panel Membership Accounts

Without limiting any other available remedies, SSI may, without notice, suspend or terminate a Panel member’s account(s) if such member breaches, violates, or otherwise fails to abide by, or comply with, these Terms, including, without limitation, Sections 2-7, 9, and 18-21 of these Terms. Panel members hereby agree that the suspension of a membership account(s) shall not prohibit or restrict SSI from subsequently terminating such membership account(s). In the event SSI terminates a Panel member’s account(s), SSI reserves the right to: (i) delete all Incentives; (ii) prohibit the Panel member from re-registering with any Panel(s); (iii) prohibit or restrict the Panel member’s ability to participate in any Survey(s); and (iv) pursue any and all other remedies available to SSI. In the event that a non-Panel member breaches or otherwise violates these Terms, such non-Panel member hereby agrees that SSI may: (a) delete all Incentives available to such non-Panel member; (b) prohibit and restrict such non-Panel member from participating in Surveys; and (c) prohibit and restrict such non-Panel member from registering in or with the Panels.

You may terminate your Panel membership, with or without cause, for any reason or no reason, upon providing notice to SSI as set forth herein. SSI may terminate your Panel membership at any time, with or without cause, for any reason or no reason, without notice. In the event of termination as set forth in this paragraph, your Panel membership will immediately terminate; and all Incentives will immediately be deleted and forfeited.   

SSI reserves the right to de-activate your Panel membership account, without notice,: (a) if your membership account does not remain Active (as defined herein); (b) if SSI receives a hard bounce or delivery failure notice in regards to email communications sent by SSI to your email account; or (c) if SSI receives a “mailbox full” reply notice three (3) times in regards to email communications sent by SSI to your email account. In the event that SSI de-activates your membership account for the foregoing reasons, SSI shall maintain unredeemed Incentives accrued prior to de-activation, for a period of thirty (30) days following de-activation, after which time SSI will immediate terminate your access to, and ability to redeem, any such Incentives. For the purpose of these Terms, “Active” means that you: (i) participate in a Survey, at least, once every twelve (12) months; or (ii) update your profile or member information once every twelve (12) months.

top

20. SSI Employees

  1. Restriction. SSI employees and their Immediate Family Member(s) (as defined herein) are not eligible to receive any payments, prizes, or incentives for taking Surveys. For the purpose of this Section 20, the term “Immediate Family Member(s)” includes parents, spouses, children or significant others (i.e. girlfriends/boyfriends, domestic partners, and spousal equivalents).

  2. Procedures. SSI’s employees may join a Panel, or take part in a Survey, only after receiving written permission from their respective manager, and only for the sole purpose of improving SSI’s products and/or services. SSI’s employees must always be honest and report accurate information in connection with joining a Panel or participating in a Survey. If altered demographic data must be used, for specific testing, or other legitimate purposes, SSI’s management will give specific written consent and instructions on how to report this activity and ensure that such data is not included in the final Survey results.

  3. Improper Conduct. Except as authorized by SSI’s management in writing; SSI classifies the intentional or willful falsification of data as a fraudulent act. Any SSI employee found to have committed fraud or coached any respondent on how to manipulate the Panel or Survey system; will be in violation of SSI’s Standards of Conduct as set forth in SSI’s employee handbook. In the event that such fraudulent act(s) are committed or perpetrated by an employee of SSI, whether alone or in connection with another party, such employees’ employment with SSI will immediately be terminated. In the event that a Panel member is found to have cooperated or participated in such fraudulent act(s), such Panel member will be subject to appropriate disciplinary action(s) as permitted pursuant to these Terms.
top

21. Intellectual Property

The names, logos, icons, and graphics used on this website in connection with or identifying the products or services of SSI, any other content or material embodying or consisting of patentable or copyrightable work on the SSI site are proprietary marks of SSI. All other trademarks and or copyrights appearing on the SSI site are the property of their respective owners, and unless otherwise stated, are not affiliated.

The content of SSI and the Websites is intended for the personal, noncommercial employment of its users, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such materials or content, including SSI intellectual property.

top

22. Notices

A) Notice From You to SSI. Except as otherwise set forth herein, or as required by Applicable Laws, all notices to be sent or provided to SSI should: (i) be correctly addressed to the applicable business address, and shall be sufficiently delivered if delivered: (a) by Federal Express, Express Mail, or other nationally or internationally recognized overnight courier service (in which case notice shall be effective one (1) business day following dispatch); or (b) by certified mail, return receipt requested, postage prepaid (in which case notice shall be effective six (6) days following deposit in mail); or (ii) be sent via email to the appropriate member services team for the appropriate Panel.

B) Notice From SSI to You. Except as otherwise required by Applicable Laws, you agree that SSI may provide  notices to you: (i) via the e-mail address provided by you to SSI (in which case notice shall be effective one (1) day following the date the e-mail was sent, provided that SSI did not receive an error message stating that delivery of the e-mail was delayed, that the e-mail address was invalid, or that the e-mail otherwise could not be delivered); (ii) by certified mail, return receipt requested, postage prepaid addressed to the address provided by you to SSI (in which case notice shall be effective six (6) days following deposit in mail); or (iii) by posting notices on the applicable Website(s). You agree to check the applicable Website(s) frequently for notices and to keep your Personal Information up-to-date.

 C) Legal Notice. All questions regarding these Terms and all legal notices should be sent, in accordance with Section 22.A. of these Terms, to:

        Survey Sampling International, LLC

        6 Research Drive

        Shelton, Connecticut 06484.

        Attn: Legal Department

D) Notice to Copyright Agent.

(i)         General Information.

It is SSI’s policy to respond to clear notices of alleged copyright infringement. This Section describes the information that should be present in these notices. Please note that in response to such notices, SSI reserves the right to take any action deemed necessary by SSI, including, without limitation, the right to remove or take-down, or disable access to, material or content claimed to be the subject of infringing activity.

(ii)        Notice of Copyright Infringement.

SSI respects the intellectual property rights of others and is committed to complying with all Applicable Laws, including, without limitation, the Digital Millennium Copyright Act of 1998, as amended (“DMCA”). If anyone has a good-faith belief that content and/or material located on, or within, any Website(s) is being used in a manner that constitutes copyright infringement; such person may provide notice of such infringement, which notice must include:

 

(1)  A physical or electronic signature of the owner, or the person authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.

 

(2)  Identification of the copyrighted work that is claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at such online site. Reasonably sufficient identification information must be provided to SSI by the reporting party.

 

(3)  Identification of the material or content that is claimed to be infringing or is claimed to be the subject of the infringing activity and a request that such material or content be removed or access be disabled. Reasonably sufficient information must be provided to SSI to permit SSI to locate the material or content.

 

(4)  Information reasonably sufficient to permit SSI to contact the individual providing the notice, including, without limitation, address, telephone number and, if available, email address.

 

(5)  Include the following statements:

(a)  “I have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law.”

 

(b)  “I swear, under penalty of perjury, that the information contained in this notice is accurate, and that I am the copyright owner or I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.” 

 

The foregoing notice should be sent to SSI’s Copyright Agent as follows:

By regular mail or nationally or internationally recognized overnight courier service to:

        Survey Sampling International, LLC

        6 Research Drive

        Shelton, Connecticut 06484

        Attn: General Counsel

Please note the foregoing notice may be forwarded by SSI to the individual who provided or supplied the allegedly infringing material or content.

(iii)       Counter-Notification.

If you receive a copyright infringement notice from SSI and you feel that such notice was wrongly filed against you, you may file a counter notification with SSI’s copyright agent, which notice must include the following:

 

(1)  A physical or electronic signature of the member or other individual whose material or content was removed or to which access was disabled.

 

(2)  Identification of the material or content that has been removed or to which access has been disabled and the location at which the material or content last appeared prior to removal or the disabling of access.

 

(3)  The following statement: “I swear, under penalty of perjury, that I have a good-faith belief that the identified material was removed, or access to it disabled, as a result of mistake or misidentification.”

 

(4)  The name, address and telephone number of the member or individual whose material or content was removed or to which access was disabled, a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if you are located outside of the United States the Federal District Court located in Fairfield County, Connecticut, USA; and that you will accept service of process from the person who provided notification or an agent of such person.

The foregoing counter-notice should be sent to SSI’s Copyright Agent as set forth in Section 22(D)(ii), above.

Please be advised that:

top

23. Severability

If any provision of these Terms shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be deemed null and void and shall not affect the application and/or interpretation of these Terms. The remaining provisions of these Terms shall continue in full force and effect, as if the invalid or unenforceable provision was not a part of these Terms.

top

24.Governing Laws; Disputes; Arbitration

These Terms shall be governed by and construed in accordance with the laws of the state of Utah, USA, without regard to any portion of any choice of law principles (whether those of Utah or any other jurisdiction) that might provide for application of a different jurisdiction’s law. Any controversy or claim arising out of or relating to these Terms and/or your Panel membership shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in either Fairfield County, Connecticut, USA or Salt Lake County, Utah, USA and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Notwithstanding the foregoing, in no event shall you or SSI be prohibited, restricted or limited from seeking equitable relief from a court of competent jurisdiction located in Fairfield County, Connecticut, USA, or Salt Lake County, Utah, USA to protect rights and/or property from damage or injury.

top

25. Miscellaneous Terms

The headings contained in these Terms are for reference only and shall have no effect on the interpretation and/or application of these Terms. SSI’s failure to enforce a breach by you of these Terms shall not waive or release you from such breach and shall not waive, release or prevent SSI from enforcing any subsequent breach by you of these Terms. These Terms, any policy or policies referenced or incorporated herein, and any Panel specific requirements, represent the entire understanding and agreement between SSI and you with respect to the subject matter hereof.

top

Last updated: November 4, 2011