InCrowd, Inc.

LAST UPDATE: May 18, 2018

The following Terms of Use (the “Terms of Use”) govern your use of www.InCrowdanswers.com (the “Website”). These Terms of Use form an agreement between InCrowd, Inc. (“InCrowd”, “we”, “us”, “our”) and you, so please read these Terms of Use carefully before using the Website. These Terms of Use, together with our Privacy Policy, govern your use of the Website. By using the Website, you agree to be bound by and comply with these Terms of Use. If you do not agree with these Terms of Use, your sole recourse is to cease your use of the Website immediately.

Through our Website, we provide surveys that can be taken via electronic notification methods such as, but not limited to, email. We support organizations that conduct research primarily for marketing or for social science purposes.

InCrowd respects your right to the privacy of your personal information. Please review our Privacy Policy for details on the manner in which we collect, use, disclose and otherwise manage your personal information.

OWNERSHIP AND RESTRICTIONS ON USE

The Website is owned and provided by InCrowd. You are granted a limited, revocable, non-transferable, non-exclusive license to use the Website on computers, smartphones or other mobile devices that you own or control. InCrowd can terminate this license at any time and with or without any reason. The Website’s layout, content, graphics, photographs, images, audio, video, processes, trademarks, service marks, trade names and other information including, without limitation, the “look and feel” of the Website (collectively, the “Content”) contained in the Website are proprietary to InCrowd, its affiliates and/or third-party licensors. The Content is protected by United States copyright and trademark laws, and you may not modify, copy, reproduce, publish, post, transmit, distribute, display, perform, create derivative works from, transfer or sell any Content.

SITE REGISTRATION

In order to use the Website, you must register for an account with InCrowd (the “InCrowd Account”). You represent and warrant that the registration and InCrowd Account-related information you provide is accurate and will be kept up-to-date. You alone are responsible for any and all activity that occurs in the Website through your InCrowd Account, and you agree to immediately notify us upon becoming aware of any unauthorized use of your InCrowd Account or any other breach of security related to the Website.

USER RESPONSIBILITIES – “CODE OF CONDUCT”

As a condition of your continued access to and use of the Website, you agree to abide by all applicable federal, provincial, state, territorial and other laws and regulations and these Terms of Use. Your failure to comply with these Terms of Use, including the following “Code of Conduct” may result in the termination of your InCrowd Account and may expose you to civil and/or criminal liability under applicable laws. Specifically, in addition, without limiting the foregoing, you agree not to:

• License, sell, rent, lease, transfer, assign, distribute, host or otherwise commercially exploit the Website;
• Modify, translate, adapt, merge, make derivative works of, disassemble, decompile or reverse engineer any part of the Website;
• Access or use the Website in order to build a similar or competitive product or service;
• Remove or destroy any copyright notices or other proprietary markings contained in the Website;
• Use the Website to upload or distribute any (or any links to) computer viruses, worms, malicious code or any software intended to damage or alter a computer system or data;
• Disrupt, disable, overly burden, impair or otherwise interfere with the operation of the Website or the servers or networks connected to the Website, or violate the regulations, policies or procedures of such servers and networks;
• Attempt to gain unauthorized access to the Website or other unauthorized computer systems or networks connected to the Website, through password mining or any other means;
• Use the Website to harvest or otherwise collect or store any information for purposes other than those designed and implemented by InCrowd;
• Copy, share, post, modify, license, sublicense, distribute, publish, broadcast, transmit, perform, display, sell or disseminate any portion of this Website, except in accordance with these Terms of Use;
• Interfere with another User’s use and enjoyment of the Website;
• Impersonate any person or entity;
• Falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that we endorse you, your website, your business or any statement you make, or present false information about InCrowd or the Website; or
• Use the Website to upload or share any content that:
  • Infringes any patent, trade-mark, trade secret, copyright or other proprietary or privacy rights of any party;
  • Is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, racially, ethnically or otherwise objectionable;
  • Constitutes unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes” or any other form of duplicative or unsolicited messages, whether commercial or otherwise; or
  • Violates any law, regulation or contractual obligations.

COMMUNICATIONS FROM THE WEBSITE

Occasionally we will reach out to you by email for the following purposes:

• Usage/credit updates
• Project activity related updates
• Newsletters
• Marketing updates regarding InCrowd features, products and services.
• Auditing of purchase activities
• Webinars and Events
• Physician Survey Findings
• Customer satisfaction surveys.

If you wish to opt-out of such outreaches, you can do so by choosing the “Unsubscribe from All Emails” option in our communications. You will receive confirmation of your request to unsubscribe once you choose this option.

If you wish to modify your preferences, you may choose the “Update Subscription Preferences” option in our communications. You will then be redirected to our Preference Center to edit your choices in relation to the communications you receive from InCrowd. You may also add yourself to the “Do Not Call” list by choosing to remove yourself from other communications in our Preference Center.

ADDITIONAL TERMS FOR EU-BASED SUBSCRIBERS ONLY

InCrowd represents that it retain data assets which include Personal Data of EU Subscribers per the following guidelines:

• Subscriber contact information will be retained for the term of the Subscriber’s contract with InCrowd plus (1) year.
• Statements of Work, invoices, payment processing details and other associated documents pertinent to the management of the Subscriber account will be retained for the term of the Subscriber’s contract with InCrowd plus seven (7) years.
• Survey Data and materials pertinent to the research execution will be retained for the term of the Subscriber’s contract with InCrowd plus five (5) years.
• Sales related communication data will be retained for five (5) years, including any communication opt-out requests received from the Subscriber.

ADDITIONAL TERMS FOR US-BASED SUBSCRIBERS ONLY

Payment and Transaction Processing

In connection with payment, we will process your payment card information in accordance with our Privacy Policy.

Prior to purchase, please carefully review (i) the price information, and (ii) the crowd access and expected response.

You acknowledge and agree that:

• you are responsible for and you will pay for the services selected;
• InCrowd may process your payment;
• InCrowd will not be responsible if either we or our payment processing partner are unable to complete a transaction for any reason, including but not limited to:
• • if you have not provided us with accurate, current and complete payment information;
  • if you do not have sufficient available funds or available credit to complete the transaction;
  • if you do not have an active payment card, or if we are unable to confirm your payment card information or your identity;
  • if your account with us, your account with our payment processing partner, your access to the Services, or your access to our payment processing partner’s services has been terminated or suspended for any reason;
  • if we or our payment processing partner have reason to believe that the requested transaction is unauthorized.

ENFORCEMENT

We reserve the right (but have no obligation) to review any content that you upload to the Website. We may remove any content that violates the “Code of Conduct”, and suspend or terminate your InCrowd Account at any time for any reason in our sole discretion with or without notice to you.

DISCLAIMER / LIMITATION OF LIABILITY

THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES, LIABILITY OR CERTAIN DAMAGES OR LIMITATIONS OF REPRESENTATIONS MADE CONCERNING GOODS OR SERVICES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. THE WEBSITE IS BEING PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. INCROWD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. INCROWD DOES NOT WARRANT THAT YOUR USE OF THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. INCROWD MAY CORRECT, MODIFY, AMEND, ENHANCE, IMPROVE AND MAKE ANY OTHER CHANGES TO THE WEBSITE AT ANY TIME WITH OR WITHOUT NOTICE. IN NO EVENT WILL INCROWD BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM OR ARE IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE THE WEBSITE, EVEN IF INCROWD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. INCROWD MAKES NO WARRANTIES REGARDING ANY THE ACCURACY OF INFORMATION ON THIS WEBSITE. YOU EXPRESSLY RELEASE AND HOLD INCROWD HARMLESS FROM ANY AND ALL CLAIMS, LOSSES, LIABILITY, DAMAGES, INJURIES AND EXPENSES (INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY CLAIMS) ARISING OUT OF OR RELATING TO YOUR USE OF THE WEBSITE, ANY INFORMATION OBTAINED THROUGH THE WEBSITE OR ANY ALLEGED VIOLATION BY YOU OF THESE TERMS OF USE.

INDEMNITY

You agree to indemnify InCrowd, its affiliates, directors, officers, employees, agents, suppliers and licensors from and against any and all losses, expenses, damages, claims, fines, penalties, costs and liabilities (including reasonable legal and accounting fees), resulting from your use of the Website or anyone using your InCrowd Account, or any alleged violation by you or anyone using your InCrowd Account of these Terms of Use, including, without limitation, the “Code of Conduct.” In particular, you agree to indemnify InCrowd, its affiliates, directors, officers, employees, agents, suppliers and licensors for any injury, including but not limited to bodily harm or death, to you or any third party that may result from the use of or reliance on any information you obtain through the Website.

LEGAL AND SITE COMPLIANCE

InCrowd reserves the right to disclose your information in special cases when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, other visitors, our community members, or anyone else that could be harmed by such activities. We also reserve the right to disclose your information when we believe in good faith that the law requires it. We may also use your Personal Data to monitor compliance with the Website’s Terms of Use.

CHANGES AND TERMINATION

InCrowd reserves the right at any time to modify or discontinue, temporarily or permanently, the Website (or any part or function thereof) with or without notice. Further, InCrowd reserves the right to change these Terms of Use at any time. We will notify you of any material changes to this Policy by posting a notice on the homepage of the Site for a reasonable period after such changes are made, that this Policy has been updated, and by changing the “Last Update” date at the top of this Policy. We encourage you to check this page periodically for any changes. Continued use of the Website after any such changes will constitute your consent to be bound by such changes, with continued provision of the use of the Website constituting consideration from InCrowd to you for so being bound. Your only right with respect to any dissatisfaction with these Terms of Use, any policy or practice of ours in operating the Website is to cease using the Website.

TRADEMARKS

“InCrowd”, and its logo are trademarks of InCrowd. Our trademarks and trade dress may not be used in any manner for any purpose without our express written consent.

APPLICABLE LAWS

Unless the applicable laws of your jurisdiction require that the laws of your jurisdiction govern, these Terms of Use will be governed by and construed in accordance with the laws of the State of Massachusetts. If any provision of the present Terms of Use will be unlawful, void, or for any reason unenforceable, then such provision will be severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions. A printed copy of these Terms of Use and of any notice in electronic form will be admissible in any judicial or administrative proceedings to the same extent and under the same conditions as other business documents and records originally generated and maintained in printed form. You agree that you will only commence an action or application as an individual. You agree that you will not file a class action, or participate in a class action. These Terms of Use constitute the entire agreement between you and InCrowd with respect to the use of the Website.

QUESTIONS

If you have any questions or comments regarding these Terms of Use please contact us at privacy@incrowdnow.com, via phone at +1-617-934-1600 ext. 6 or via postal mail at InCrowd, Attn: Compliance Department, 480 Pleasant Street, Suite B100, Watertown, MA 02472 USA.