Terms of Agreement


About Amplitude Research®.
Amplitude Research, Inc., a Michigan corporation ("Amplitude"), is a survey and market research company headquartered in Boca Raton, Florida, that has the right to sell to third parties, various products and services for web-based surveys. Amplitude's services include programming and hosting of online surveys, as well as providing web panelists for its own surveys and to researchers, sample providers, and others to complete online surveys. Amplitude maintains Internet websites located at www.amplituderesearch.com, www.ampupnow.com, www.ampupnow.com/consumer, www.panelspeak.com and elsewhere (collectively the "Site").

Eligibility for Survey Participation.
Membership is free. No purchase is necessary. All persons who join an Amplitude web panel (referred to as "panelist" singular or "panelists" plural) are required to be legal residents of the 50 United States or the District of Columbia who are 18 years of age or older. Anyone registering as a panelist or participating in studies warrants that he/she meets this requirement. By participating, panelists (and a panelist's parent/legal guardian if the panelist is a minor) agree to all of the terms and conditions set forth herein. Employees, officers, and directors of Amplitude and its affiliates are ineligible to be a panelist, as are immediate family members and persons living in the same household of the foregoing.

Each person is limited to one (1) registration. Your responses to the registration form will determine whether you are eligible to participate in b2b surveys, consumer surveys, or both, as determined by Amplitude in its sole discretion. If you are a professional working in the technology industry, please register instead for our technology panel.

Incorrect Information.
If a panelist commits fraud or falsifies information in connection with his/her registration, that person will not be eligible to participate in awards and will be liable to Amplitude for any and all damages that Amplitude or Amplitude's clients or other users of its panels suffer as a result of such actions, and Amplitude will not hesitate to pursue all legal causes of action to the fullest extent possible. If, after awards are distributed, any information provided by a panelist is found to be incorrect in any manner, then the panelist will be liable to return the award provided. Amplitude reserves the right to request that a panelist confirm that his/her sign-up information is accurate and/or provide proof of information. If such a request is made and the panelist does not agree, the panelist could be disqualified from receipt of awards and panel participation.

Survey Participation.
Surveys are conducted (i) by Amplitude itself for the benefit of Amplitude or its clients, and (ii) by third party research organizations, consulting companies, end user companies, and others who have requested access to Amplitude's panels for their survey or market research needs. Panelists will be invited to participate in a given study based on demographic, self-provided profiling information, or other survey criteria (collectively "screening criteria") for that study and the number of requested survey completions. Not all panelists will be invited to participate in each study and opportunities for participation may be limited or not available depending on need. Since invitations are distributed based on self-provided information, it is important that each panelist provides accurate information.

Panelists will receive a new e-mail invitation for each study they are selected to participate in which describes the overall subject of the survey, the type and amount of award earned for a completed survey, and a link to a website to take the survey. By clicking on the link, the panelist agrees to participate in the survey for which he/she received the email invitation and confirms his/her prior registration and opts-in to participate in the study. The responding panelist may then be asked one or more questions to ensure that he/she meets the screening criteria for that study, including survey questions to insure a balanced / representative response group ("balancing questions"). The screening criteria / balancing questions will vary by survey and are limited in number.

Unless a survey has achieved the targeted number of completes or otherwise been closed in its entirety or for a specific segment, sub-group, or demographic group, those responding panelists who have qualified based on their answers to the screening criteria / balancing questions will be directed to complete the survey questionnaire. Note: Amplitude, and other users of the panels, may use re-screeners, negative questions, respondent timers, and other methods to determine the reliability of respondent feedback. Amplitude reserves the right to remove a panelist from awards participation if it determines, in its sole discretion, that the panelist has provided false or contradictory information or is answering survey questions without allowing adequate time to read the questions and response choices.

Survey Awards.
Earned awards are generally distributed in the form of a credit to a panelist's PayPal account or a mailed Target GiftCard (in lieu of a credit to a PayPal account). Amplitude has sole discretion to determine the form of awards for a given study, and may switch back and forth between PayPal and Target GiftCard awards, or other award formats, as it deems appropriate, without pre-announcing its selection.

Panelists who qualify under the screening criteria / balancing questions for a given study and complete the questionnaire by answering all of the survey questions by the announced completion date are eligible to participate in the awards for that survey. The amount earned for each completed survey is depends on the difficulty of the screening criteria, qualification rate, and length of the survey questionnaire. Amplitude shall have sole discretion to determine whether the participation is a b2b or consumer study. The award amounts may also be increased or decreased in Amplitude's sole discretion depending on the difficulty of the screening criteria, qualification rate, and length of the survey questionnaire. The amount of award earned for a completed survey is pre-announced in the email invitation for that study. In addition to the foregoing, Amplitude may also periodically announce different award formats, including drawings, for participation in its research studies or mass profile updates. The terms and conditions for such formats will be published online with a website link provided in the email invitation for that study. Void where prohibited.

PayPal distributions take place within 60 days after the date the study ends. The panelist will receive an email from PayPal with a link to PayPal to access payment. The recipient can transfer the money to his/her bank account (bank transfers usually take 2 to 3 days to clear) or spend it online anywhere PayPal is accepted. It costs the panelist nothing to accept payment.

If a panelist does not currently have a PayPal account, signup is free and takes just a few minutes. The PayPal account is created at PayPal's website (go to http://www.paypal.com and click on the "Sign Up" button to get started). When choosing a PayPal email address, the panelist must select an email address that is the same used with the Amplitude panel. This will insure that payout for a panelist's earned awards will be properly credited to the panelist's PayPal account. If the current PayPal email address is different, the panelist must create a new PayPal account or update the email address on his/her current PayPal account. All PayPay awards must be claimed within 30 days, or the money will be returned to Amplitude. In such event, the panelist should contact Amplitude support via email so that payment can be re-sent.

Where Target GiftCards are used as the form of awards distribution, payment is mailed within 60 days after the study ends. A Target GiftCard (i) may be used at any Target retail location or at Target.com, (ii) can only be used for future purchases at Target retail locations or for online purchases at Target.com, (iii) CANNOT be used to pay already established credit balances, and (iv) cannot be redeemed for cash or credit except where required by law.

No Assignments or Replacements of Awards.
Each panelist must enter a valid name, email address, and mailing address for receipt of award distributions. Incorrect information may prevent receipt of awards and/or removal from the panel. Amplitude is under no obligation to provide awards to panelists who provide incorrect information. Award recipients cannot assign or transfer all or any portion of any award to another person. No award will be replaced if lost or stolen once issued to the recipient. If the award cannot be awarded due to circumstances beyond the control of Amplitude, a substitute award of equal or greater retail value may be awarded.

Change in Awards.
Amplitude reserves the right to alter the awards/incentives program or to cancel this program at any time. In the event of such change or cancellation, any awards owed at the time of the change or cancellation would be provided.

Taxes.
Panelists are solely responsible for any taxes due as a result of awards they receive.

Privacy/Security.
At time of registration, and thereafter, each panelist provides personal / profile information including name, e-mail address, mailing address, zip code, phone number, and certain demographic and other requested information (collectively "profile information") so that Amplitude can match survey participation with different types of studies. By registering for this panel, a panelist agrees that his/her profile information becomes immediately available for use in surveys or market research conducted by (i) Amplitude itself for its own studies, (ii) Amplitude itself for its clients, and (iii) third party research organizations, consulting companies, end user companies, and others who have requested access to Amplitude's panelists. In no event, however, will Amplitude sell, distribute, publish or otherwise disclose to others any personally identifiable panelist information without the advance express permission of the panelist, although we may need to share AGGREGATE demographic information. Notwithstanding the foregoing, Amplitude reserves the right, in its sole discretion, to transfer personally identifiable information to a buyer in connection with a sale of stock or assets, merger, or any other change of control transaction, or in the case of a bulk or partial sale, or other transfer (including third party panelist administration), of panelist information to another sample provider / sample administrator / research organization / end user. Any future buyer or transferee would be required to honor Amplitude's privacy policy.

Amplitude cannot guarantee against and shall not be held responsible for the unauthorized actions of any third party. This includes, but is not limited to, the unauthorized use or access by any third party to the Site, server, database, e-mail programs, list of panelists, panelist information, software or services, and the unauthorized alteration or interception of any transmission or data.

If Amplitude wishes to change its privacy policy, it will publish changes on the Site. If you do not agree with Amplitude's privacy policy, you have the option of discontinuing participation and requesting that we delete your personally identifiable information.

Discontinuing Survey Participation.
You can notify us at any time to remove your registration by clicking on the unsubscribe link in survey invitations. Or, if you prefer, e-mail discontinue@amplituderesearch.net and indicate "Discontinue Panel Participation" in the subject line.

Intellectual Property Rights.
All software and technology used in connection with the Site and Amplitude's products and services contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Ownership of all applicable copyrights, trademarks, trade secrets, patents and other intellectual property rights in the software and technology developed by or for Amplitude or that relates to the Site or Amplitude's products and services shall remain vested in Amplitude.

Internet Content.
Panelist agrees not to (i) upload, post, e-mail, transmit, provide or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (ii) upload, post, e-mail, transmit, provide or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or (iii) upload, post, e-mail, transmit, provide or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

WARRANTY EXCLUSIONS.
AMPLITUDE HEREBY DISCLAIMS AND EXCLUDES ALL WARRANTIES CONCERNING ITS SOFTWARE, WEBSITES, PANELIST REGISTRATION, PANELIST INFORMATION, AND ITS PRODUCTS AND SERVICES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WHETHER OR NOT AMPLITUDE KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED OF OR IS OTHERWISE IN FACT AWARE OF ANY SUCH PURPOSE.

Limitation of Liability.
IN NO EVENT WILL AMPLITUDE, ITS RESPECTIVE PARENTS, AFFILIATES, CONTRACTORS, SUB-CONTRACTORS, SUBSIDIARIES, PARTNERS AND RELATED COMPANIES, THEIR RESPECTIVE ADVERTISING OR PROMOTION AGENCIES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES.

Termination of Participation.
Amplitude reserves the right to terminate the participation of a panelist at any time and for any reason with our without notice.

Governing Law.
This agreement is governed by and construed in accordance with the laws of the State of Florida, without regard to principles of conflicts of law. Jurisdiction for the litigation of any dispute or claim arising out of or in connection with this agreement shall be in Palm Beach County in the State of Florida, the U.S. Federal District Court for the Southern District of Florida, or in such other jurisdiction as may be selected by Amplitude.

Severability.
If any provision of this agreement shall be deemed invalid or unenforceable for any reason, then such provision shall be interpreted, as nearly as possible, to reflect the intentions of the parties and the remainder of this agreement shall remain valid and enforceable in accordance with its terms.

Force Majeure.
Amplitude will not be liable for delays caused by carrier transmissions, interference, accidents, war, acts of God, embargoes, or any other circumstances beyond its responsible control.

Entire Agreement.
These Terms and Conditions constitute the entire agreement of the parties with respect to the subject matter hereof superseding all prior written or oral agreements, communications, or discussions.

PLEASE READ THE FOREGOING TERMS AND CONDITIONS CAREFULLY. BY SUBMITTING THE REGISTRATION FORM , YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS SET FORTH HEREIN, AND ACKNOWLEDGE AND WARRANT THAT THE INFORMATION YOU PROVIDED IS ACCURATE AND THAT YOU ARE A LEGAL RESIDENT OF THE 50 UNITED STATES OR THE DISTRICT OF COLUMBIA WHO IS 18 YEARS OF AGE OR OLDER.


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