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last update: March 28, 2024
a. “Terms”: these Terms of Service, which are a legally binding agreement that governs your access to our Services and participation in any Project.
b. “User Research International”, “URI”, “we”, “us” or “our”: User Research International, Inc., a Washington corporation.
c. “You” or “Your”: you or the entity that you represent as a User of the Services.
d. “User”: a user of the Services (including, without limitation, any Participant or Researcher).
e. “Researcher” means: Moderator of research session or any other person communicating with the participant to conduct research.
f. “Services” means: the URI Site and any other websites through which URI makes its services available, URI’s mobile, tablet and other smart device applications, and application or Site program interfaces, as applicable from time to time, any Project-related Services, and all associated services.
g. “Site”: User Research International – http://uriux.com and its subdomains.
h. “Participant”: any person participating in a research study or Project (as defined below) and receiving money for that participation.
i. “Project” means: the work involved with a formal request for work from User Research International from beginning to end.
j. “Content” includes, without limitation, materials, information, text content, notifications, emails, videos, images and audio or any combination thereof.
BEFORE YOU CLICK ON THE “I ACCEPT” BUTTON, READ THESE TERMS CAREFULLY. BY CLICKING ON THE “I ACCEPT” BUTTON OR USING OUR SERVICES, YOU ARE AGREEING TO BE BOUND BY AND ARE BECOMING A PARTY TO THESE TERMS. YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO ENTER INTO THESE TERMS ON BEHALF OF ANY GROUP OR ENTITY YOU REPRESENT, IF APPLICABLE. YOU HEREBY COVENANT AND AGREE TO ENSURE THAT ALL USERS THAT GAIN ACCESS TO OUR SERVICES FROM YOU ARE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, THEN DO NOT CLICK “I ACCEPT” AND YOU WILL NOT BE PERMITTED TO ACCESS AND/OR USE OUR SERVICES. IF YOU DO NOT AGREE TO THESE TERMS, THEN DO NOT USE OUR SERVICES.
THESE TERMS CONTAIN AN AGREEMENT TO ARBITRATE, WHICH (I) REQUIRES THAT YOU AND URI ARBITRATE CERTAIN CLAIMS BY BINDING, INDIVIDUAL ARBITRATION INSTEAD OF GOING TO COURT; AND (II) LIMITS CLASS ACTION CLAIMS, UNLESS YOU OPT OUT OF THE AGREEMENT TO ARBITRATE AS DESCRIBED IN THE ARBITRATION SECTION (SEE SECTION 25).
If you or the entity for which you are accessing and using the Services have a separate binding written or click through agreement in place with User Research International with respect to the Services, th
These Terms are a legally binding agreement between you (together with the group or entity, if any, that you represent) and URI, establishing terms and conditions under which you access and use our Services. The date you first agree to or accept these Terms, or that you otherwise first access and use our Services following the date these Terms are first made available on the Site, is the “Effective Date.”
PLEASE REVIEW THESE TERMS BEFORE USING ANY SERVICES, AS THEY MAY HAVE CHANGED SINCE YOUR LAST VISIT. IF YOU ARE VIEWING THIS ON YOUR MOBILE DEVICE, YOU CAN ALSO VIEW THESE TERMS VIA A WEB BROWSER AT https://www.uriux.com/tos/.
BY VISITING OUR SITE, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OLD OR ACCOMPANIED BY A PARENT OR GUARDIAN AND HAVE A PARENT OR GUARDIAN PERMISSION TO ACCESS THE SERVICES AND HEREBY INDICATE YOUR UNCONDITIONAL ACCEPTANCE OF THESE TERMS.
URI reserves the right to revise these Terms in its sole and exclusive discretion at any time by posting the revised Terms on our Site. We will endeavor to provide you notice whenever we make any such revisions. Revisions to the Terms are effective and binding on you upon your use of any Services after such a notice or posting.
Supplemental terms may apply to certain Services, such as policies for a particular event, program, activity, Project or promotion, and such supplemental terms will be disclosed to you in separate region specific disclosures (e.g., a particular webpage) or in connection with the applicable Service(s). Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Service(s). Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
Through the Services, URI allows Users to participate in a particular Project and provide meaningful interactions with a particular third-party good or service (“Third Party Product”) and give feedback and results relating to that Third Party Product. As the provider of the Services, URI does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Third Party Product. Third parties, such as individuals, businesses and other entities are responsible for supplying any Third Party Product analyzed by a User.
While we may help facilitate the resolution of disputes, URI has no control over and does not guarantee: (i) the existence, quality, safety, suitability, or legality of any Third Party Product, (ii) the truth or accuracy of any Third Party Product descriptions, Ratings, Reviews, or other User Content (as defined below), or (iii) the performance or conduct of any User or third party. URI does not endorse any User, User Content or any Third Party Product. You should always exercise due diligence and care when deciding whether to use the Services, participate in any Project or communicate and interact with any Researchers or other Participants, whether online or in person.
We may alter, suspend, or discontinue our Services in whole or in part, at any time and for any reason, without notice. You will be engaged to participate in a Project via our recruiters through some type of survey method, Phone, Social Media, or email. At that time you receive such engagement request, you will have the option to sign up for eligibility or decline to participate for that specific Project. If you choose to participate in a particular Project, you must complete the survey sent to you by URI associated with such Project. Any such Project will be governed by these Terms unless otherwise agreed in writing by the parties.
Subject to these Terms and any other agreement between you and us, we grant you a limited, nonexclusive, non-transferable, non-sublicensable, revocable license to use our Services solely for your participation in one or more Projects. Your license to use our Services is automatically revoked if you violate these Terms. From time to time, we may upgrade our Services or make improvements to our Services. You agree that these Terms will apply to any such upgrades or improvements. The foregoing license grant is not a sale of any aspect of our Services or a sale of a copy of any aspect of our Services, and we and our partners and suppliers retain all right, title and interest in our Services. We reserve all rights not expressly granted under these Terms.
Our Privacy Policy (the “Privacy Policy”) https://www.uriux.com/privacy/, describes our collection, use and disclosure of data and information in connection with our Services. We may update our Privacy Policy at any time, and from time to time, in accordance with its terms. Our Privacy Policy is incorporated into these Terms, and by using our Services you agree to the collection, use and disclosure practices in our Privacy Policy.
You represent and warrant that (i) any personal information or information relating to soliciting, offering, posting, or completing Projects, as submitted to URI or the Services, is true, correct and complete and (ii) you have the right to provide any and all of the requested information for the purposes of these Terms, and have obtained all necessary consent where applicable. You further agree and acknowledge that your submission of any personal information to URI or to Researchers or Users is voluntary and entirely at your own risk. You agree and acknowledge that your information may be disclosed to Users of the Services in accordance with these Terms and URI’s Privacy Policy. Please refer to our Privacy Policy for additional information on our practices for handling personal information.
You hereby grant to URI a perpetual, royalty-free, worldwide right and license to copy, display, make derivative works of and otherwise use your information to provide the Services in accordance with these Terms, subject in all respects to URI’s Privacy Policy.
If you are a Participant (as defined above), YOU AGREE NOT TO SUBMIT SENSITIVE INFORMATION TO THE SERVICES IN RESPONSE TO ANY REQUEST FROM A RESEARCHER. If you submit Sensitive Information to the Services in response to any request from a Researcher, it shall be considered unauthorized use of the Services, and URI shall have no responsibility or liability in connection therewith.
In order to use some of our Services, you may be required to register by providing certain information, including personal information (a “URI Account”). You agree to provide true, accurate, complete, and up-to-date information for your URI Account at all times while you have a URI Account. If you are registering a URI Account for a business, organization or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.
You may not register more than one (1) URI Account unless we authorize you to do so in writing. You may not assign or otherwise transfer your URI Account to another party.
We may ask you to complete a registration form and create a username and password for your URI Account (“Login Credentials”). You are solely and exclusively responsible for protecting your Login Credentials from unauthorized use, and you are responsible for all activity that occurs on your URI Account (including, without limitation, financial obligations).
You agree to notify us immediately if you believe that your Login Credentials have been or may be used without your permission or have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your URI Account. You are liable for any and all activities conducted through your URI Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials). Notwithstanding the foregoing, we are entitled to act on transaction instructions received when your Login Credentials are used, regardless of whether use of the Login Credentials has been authorized by you. We are not responsible in any way for losses or damage caused by your failure to safeguard your Login Credentials. You are responsible for keeping your registration and URI Account information up to date.
URI may enable you to connect to our Services with your Facebook account, Twitter account, Google+ account, LinkedIn account or other third party social networking site account (“Social Networks”). By connecting to our Services through a Social Network, we may receive and store information about you including, but not limited to, your user ID associated with such Social Network, other information that you have permitted such Social Network to share with us and any information you have made public in connection with such Social Network. Your use of any Social Network is subject to its terms of service and privacy policy. You should always review, and if necessary, adjust your privacy settings on Social Networks before linking or connecting them to our Services.
URI is a platform designed to connect Participants and Projects. Participants are solely and exclusively responsible and liable for understanding and evaluating any potential tax liability related to payments made in connection with Projects and for determining any potential income reporting pursuant to the requirements of local, state, or federal law. URI cannot and does not offer tax advice to Participants and is not responsible in any way for any failure of Participants to report taxable income or remit any taxes that may be due to any taxing authority. URI recommends that you consult with a tax advisor prior to using the Services. You are solely responsible for any taxes arising from your use of the Services, excluding URI’s income.
Subject to the terms and conditions of an applicable URI NDA entered into by URI and a User, Participant or any other third party, URI does not claim any ownership rights in the Content submitted to our Services by Researchers, Participants, or any other third party (collectively, “User Content”). You represent and warrant to us that you own the User Content submitted by you or that you otherwise have sufficient rights to such and submit such User Content, and to grant us the necessary licenses and rights set forth below without violating, infringing or misappropriating the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any third party, and that URI may use such content to provide the Services and in accordance with these Terms and our Privacy Policy. You agree to pay all royalties, fees and any other monies owed to any person by reason of any User Content submitted by you. After submitting User Content to our Services, you continue to retain such responsibility for and rights in such User Content as you held prior to submitting such User Content to our Services. By submitting any User Content to our Services, you hereby grant to us a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to such User Content to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such User Content to provide and/or promote the Services, in any media or platform. Insofar as User Content includes personal information, such User Content will only be used for these purposes if such use complies with applicable data protection laws in accordance with our Privacy Policy and these Terms. Unless you provide specific consent, URI does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use or exploit your User Content. You represent and warrant that you will neither submit nor solicit any User Content that is personal financial information, sensitive information, personal health information or protected health information (as defined under applicable law). You will not post, upload, publish, submit or transmit any User Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person or animal; (v) promotes illegal or harmful activities or substances; or (vi) violates any other URI policy. URI may, without prior notice, remove or disable access to any User Content that URI finds to be in violation of applicable law, these Terms or URI’s then-current Policies or Standards, or otherwise may be harmful or objectionable to URI, its Users, Researchers, Participants, third parties, or property. You represent and warrant that you are not a “covered entity” for purposes of the Health Insurance Portability and Accountability Act or any state equivalent.
Any message you send in connection with your use of the Services shall (i) accurately and in a nondeceptive manner identify you, (ii) not contain any deceptive or misleading content regarding the message’s subject matter, (iii) include your valid physical address; and (iv) comply with all applicable law.
You are solely responsible for compliance with any and all laws, rules, regulations, and obligations that may apply to your use of the Services. You shall not authorize or facilitate any attempt by another person to use our Services to:
a. breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms;
b. use the Services or any Content of URI (including, without limitation, URI confidential or proprietary information (collectively, “URI Content”) for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies URI endorsement, partnership or otherwise misleads others as to your affiliation with URI, including, without limitation, falsely stating to any third party that you are or were employed by URI;
c. copy, store or otherwise access or use any information, including personally identifiable information about any other User, contained in any URI Services in any way that is inconsistent with URI’s Privacy Policy or these Terms or that otherwise violates the privacy rights of Users or third parties;
d. use the Services in connection with the distribution of unsolicited commercial messages (“spam”);
e. discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any violent, harmful, abusive or disruptive behavior;
f. use, display, mirror or frame the Services or any URI Content, or any individual element within the Services, URI’s name, any URI trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Services, without URI’s express written consent;
g. dilute, tarnish or otherwise harm the URI brand in any way, including through unauthorized use of any URI Content, registering and/or using URI or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to URI domains, trademarks, taglines, promotional campaigns or URI Content;
h. Damage, disable, overburden, impair or interfere with any other party’s use of our Services;
i. Obtain or attempt to obtain any materials or information through any means not intentionally made available through our Services;
j. Use false or misleading information in connection with your user account or impersonate any other person living or dead, (you acknowledge that we reserve the right to disable any user account with a profile that we reasonably believe is false or misleading, including a profile that impersonates a third party);
k. Upload or send any User Content that is unlawful, harmful, threatening, abusive, harassing, hateful, disparaging, defamatory, vulgar, offensive, obscene, pornographic, lewd, lascivious or otherwise objectionable, as determined by URI in its sole discretion;
l. Upload or send User Content that depicts or advocates the use of illegal drugs, that characterizes violence as acceptable, glamorous or desirable, or that encourages conduct that would constitute a criminal or civil offense;
m. Upload or send User Content that infringes another’s copyright, trademark or trade secret;
n. Upload or send unsolicited advertising or unlawfully promote products or services;
o. Harass, threaten, stalk or intentionally embarrass or cause distress to another person or entity;
p. Promote, solicit, or participate in any multi-level marketing or pyramid schemes
q. Exploit any other User of the Services, including, without limitation, children under 18 years of age;
r. Invade the privacy of any person, including without limitation posting personally identifying or otherwise private information about a person without their consent
s. Solicit or submit personal information from children under 18 years of age;
t. Create a false identity;
u. Engage in fraudulent activities, including but not limited to “phishing”;
v. Circumvent, remove or otherwise interfere with any security-related features of our Services, features that prevent copying or using any part of our Services or features that enforce limitations on the use of our Services or any User Content or URI Content;
w. Introduce viruses, worms, Trojan horses and/or harmful code to our Services;
x. Use any robot, spider, site search/retrieval application or other automated device, process, or means to access, retrieve, scrape or index any portion of our Services or any Content; or
y. Violate any applicable statute, law, rule, regulation or court order.
You acknowledge that URI has no obligation to monitor the access to or use of the Services by any User or to review, disable access to, or edit any Content, but has the right to do so to (i) operate, secure and improve the Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Users’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to Content that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms. You agree to cooperate with and assist URI in good faith, and to provide URI with such information and take such actions as may be reasonably requested by URI with respect to any investigation undertaken by URI or a representative of URI regarding the use or abuse of the Services or any URI Content.
The Services, and URI Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of the United States and other countries. You acknowledge and agree that the Services and URI Content, including all associated intellectual property rights, are the exclusive property of URI and/or its licensors or authorizing third-parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or URI Content. All trademarks, service marks, logos, trade names, and any other source identifiers of URI used on or in connection with the Services or URI Content are trademarks or registered trademarks of URI in the United States and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Services or URI Content are used for identification purposes only and may be the property of their respective owners. You agree and acknowledge that the structure, organization and code used in conjunction with our Services are proprietary to us. You shall not, and shall not permit any person or entity to: (i) use our Services on a service bureau, time sharing or any similar basis, or for the benefit of any other person or entity; (ii) alter, enhance or make derivative works of our Services or any Content available through the foregoing; or (iii) reverse engineer, reverse assemble or decompile, or otherwise attempt to derive, source code from our Services. You shall not sell, transfer, publish, disclose, display or otherwise make available our Services including any modifications, enhancements, derivatives and other software and materials provided hereunder by us or copies thereof to others in violation of these Terms. You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Services or any URI Content, except expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by URI or its licensors, except for the licenses and rights expressly granted in these Terms. Unless otherwise noted, all URI Content contained on our Services is the property of us and/or our affiliates or licensors, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. Subject to your compliance with these Terms, URI grants you a limited, non-exclusive, nonsublicensable, non-assignable, revocable, non-transferable license to access and view any URI Content made available on or through the Services and accessible to you, solely for your personal and non-commercial use.
Although we reserve the right to review or remove all User Content that appears in the Services, we cannot—and do not—take responsibility for any User Content that Participants and Researchers provide through the Services, and do not assume any responsibility for the accuracy or reliability of this information or any information exchanged between Researchers and Participants. URI does not have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of any Project, or any communication between Researchers and Participants. URI is not responsible for the conduct of any Researcher or Participant in any way. It is your responsibility to take all necessary precautions in all interactions in connection with your use of the Services. If we choose to conduct identity verification or background checks on you, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, and you expressly acknowledge, agree and allow us to perform any identification or background checks we believe are necessary or advisable to provide the Services. You agree that some Services or a Project may carry inherent risk, and by participating in such Services or Project, you choose to assume those risks voluntarily. You assume full responsibility for the choices you make before, during and after your participation in a Services or Project. If you are bringing a minor as an additional User or Participant, you are solely responsible for the supervision of that minor throughout the duration of your use of the Services and to the maximum extent permitted by law, you agree to forever, irrevocably and knowingly release and hold harmless URI from all losses, damages, liabilities and claims that arise in any way from any injury, death, loss or harm that occurs to that minor during the Service or in any way related to your use of the Services or any Project. The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.
To the maximum extent permitted by applicable law, you agree to indemnify, defend and hold harmless us and our respective affiliates, subsidiaries, officers, directors, shareholders, members, manager, employees and agents, from any and all claims, damages, losses, fees, liabilities and all costs and expenses of defense (collectively, “Claims”), including without limitation attorneys’ fees, resulting directly or indirectly from: (i) a claim by a third party that arises in connection with your submission or solicitation of any User Content, (ii) your legal, illegal, authorized, or unauthorized use of our Services and all of your communication in connection with the Services, (iii) any Project, (iv) any Contact Lists, (v) any User or other third party’s use of any User Content that you submit to our Services; and (vi) your breach of these Terms. You shall not accept any settlement that (i) imposes an obligation on us; (ii) requires us to make an admission; or (iii) imposes liability not covered by these indemnifications or places restrictions on us without our prior written consent.
If you believe that any materials on our Services infringe your copyrights, you may request that such materials be removed. This request must bear a signature (or electronic equivalent) of the copyright holder or an authorized representative and must include the following information: (i) identification of the copyrighted work that you believe to be infringed, including a description of the work and, where possible, a copy or the location of an authorized version of the work; (ii) identification of the material that you believe to be infringing and its location, including a description of the material, its location on our Services or other pertinent information that will help us to locate the material; (iii) your name, address, telephone number and email address; (iv) a statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent or the law; (v) a statement that the information in your claim is accurate; and (vi) a statement that “under penalty of perjury,” you declare that you are the lawful copyright owner or are authorized to act on the owner’s behalf. Our contact for copyright issues relating to our Services is Copyright Agent, JustinL@uriux.com. To protect the rights of copyright owners, we reserve the right to suspend your account, delete or disable content alleged to be infringing and/or terminate the User Account of a repeat infringer. This process does not limit our ability to pursue any other remedies we may have to address suspected infringement.
Our Services may contain links to research sites or third party sites or resources (“Third-Party Services”), which are independent of us and not under our control. These Third-Party Services are provided to you as a convenience only. In addition, a link to any Third-Party Services does not imply that we endorse or accept any responsibility for the content or use of such Third-Party Services. Such Third-Party Services may be subject to different terms and conditions and privacy practices. We are not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services.
OUR SERVICES AND ALL CONTENT ON OR ACCESSIBLE FROM OUR SERVICES ARE PROVIDED “AS IS,” WHERE-IS” AND “WITH ALL FAULTS AND DEFECTS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, WE DO NOT WARRANT THAT: (i) THE INFORMATION AVAILABLE THROUGH OUR SERVICES IS FREE OF ERRORS; (ii) THE FUNCTIONS OR SERVICES (INCLUDING WITHOUT LIMITATION MECHANISMS FOR DOWNLOADING AND TRANSMITTING CONTENT) PROVIDED BY OUR SERVICES WILL BE UNINTERRUPTED, SECURE OR FREE OF ERRORS; (iii) DEFECTS WILL BE CORRECTED OR (iv) THAT OUR SERVERS OR THE SERVER(S) THAT MAKE OUR SERVICES AVAILABLE ARE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS. WE AND OUR AFFILIATES AND LICENSORS CANNOT AND DO NOT GUARANTEE THAT ANY PERSONAL INFORMATION SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS. YOU AGREE THAT YOU HAVE HAD WHATEVER OPPORTUNITY YOU DEEM NECESSARY TO INVESTIGATE THE SERVICES, LAWS, RULES, OR REGULATIONS THAT MAY BE APPLICABLE TO YOUR USE OF THE SERVICES AND THAT YOU ARE NOT RELYING UPON ANY STATEMENT OF LAW OR FACT MADE BY US RELATING TO SERVICES. IF THE LAW OF THE COUNTRY OR STATE WHERE YOU LIVE DOES NOT ALLOW THE EXCLUSIONS OF LIABILITY PROVIDED FOR IN THIS SECTION, THOSE EXCLUSIONS SHALL NOT APPLY.
IN NO EVENT SHALL WE BE LIABLE TO YOU, ANY OTHER USER OF OUR SERVICES, THIRD PARTY PROVIDERS OR ANY OTHER PERSON OR ENTITY FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, LOSS OF USE OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES) ARISING OUT OF THE USE, INABILITY TO USE, UNAUTHORIZED ACCESS TO OR USE OR MISUSE OF OUR SERVICES, YOUR CONTACT INFORMATION, CONTENT OR ANY INFORMATION CONTAINED THEREON, WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, AND EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. OUR AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM THESE TERMS SHALL NOT EXCEED THE GREATER OF (i) $100.00 OR (ii) THE AGGREGATE AMOUNT WE HAVE PAID TO YOU IN FEES, IF ANY, WITH RESPECT TO THE THEN-PRIOR TWELVE (12) MONTH PERIOD. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, IN SUCH STATES OR JURISDICTIONS, URI’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON URI’S CHOICE OF LAW PROVISION SET FORTH BELOW.
You release, to the fullest extent permitted by law, URI, its directors, officers, members, employees, representatives, consultants, agents, suppliers and/or distributors from responsibility, liability, claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with (i) disputes between or among Users; (ii) third party sites and services, including without limitation content found on such sites and services; and (iii) claims relating to the unauthorized access to any data communications or User Content stored under or relating to your account, including unauthorized use or alteration of such communications or your User Content. You hereby waive applicability of California Civil Code §1542, and any similar statute or principle of common law. California Civil Code §1542 says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
If you are a California resident, we are required to inform you that you may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs via mail at 1625 North Market Blvd., Suite N112, Sacramento, CA 95834 or telephone at (916)445- 1254 or (800) 952-5210. Hearing impaired users can reach the Complaint Assistance Unit at TDD (800) 326-2297 or TDD (916) 322-1700.
We make no representation that information on our Services is appropriate or available for use outside the United States. Those who choose to access our Services from outside the United States do so on their own initiative and at their own risk and are responsible for compliance with applicable local laws. By using our Services, you consent to having any User Content you provide, your Login Credentials and any personal information that you provide as part of the account creation process transferred to and processed in the United States subject to the restrictions on such data as provided in our Privacy Policy posted through our Site from time to time.
We may terminate your access to our Services, in our sole discretion, for any reason and at any time, with or without notice, including, without limitation, for your violation of these Terms. You agree that we are not liable to you or any third party for any termination of your access to our Services. We may change and update our Services from time to time. We may add or remove features including without limitation making free services into paid services and vice versa. We will give you appropriate advance notice about any major changes, although you understand that we may stop, suspend, or change our Services at any time without prior notice. You may terminate these Terms at any time by ceasing to use our Services. Accrued obligations and all provisions of these Terms that by their nature should survive will survive any termination of these Terms.
We welcome your feedback, ideas and suggestions (collectively, “Suggestions”). If you send us any Suggestions, you agree, represent and warrant that: (i) your Suggestion(s) become our property and you are not owed any compensation in exchange; (ii) none of the Suggestion(s) contain confidential or proprietary information of any third party; (iii) we may use or redistribute Suggestion(s) for any purpose and in any way; (iv) there is no obligation for us to review your Suggestion(s); and (v) we have no obligation to keep any Suggestions confidential.
We may provide you notice to the email address you provide to URI during the registration process. Notice shall be deemed given 24 hours after email is sent. Alternatively, we may give you legal notice by mail to the address provided during the registration or purchase process and you may give us notice to the address set forth on our Site as our address. In such case, notice shall be deemed given three days after the date of mailing.
These Terms, and any dispute between you and us, shall be governed by the laws of the Washington State without regard to principles of conflicts of law that would result in the application of the law of any other jurisdiction, except that the Federal Arbitration Act shall govern the interpretation and enforcement of the arbitration provisions set forth below. In the event that Section 25 is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt out of the Agreement to Arbitrate (as defined below) or as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and us must be resolved exclusively by a state court located in King County, Washington or a federal court located in Seattle, Washington except that you or we are permitted (i) to bring small claims actions in state court in the county in which you reside if such court has a small claims procedure; (ii) to bring claims for injunctive relief in any court having jurisdiction over the parties; or (iii) to seek enforcement of a judgment in any court having jurisdiction over the parties. To the extent permitted by law, you and we agree to waive trial by jury in any court proceeding.
Except for disputes relating to your or our intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights and patents) or for items (i)-(iii) set forth in Section 25, you agree that all disputes between you and us (whether or not such dispute involves a third party) arising out of or relating to these Terms, our Services and/or our Privacy Policy shall be finally resolved by arbitration conducted in the English language in Seattle, Washington, U.S.A. under the Commercial Arbitration Rules of the American Arbitration Association (AAA) AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY. You and we shall appoint one arbitrator mutually agreed upon by you and us or, if you and we cannot agree within thirty (30) days of either party’s request for arbitration, such arbitrator shall be selected by the AAA upon the request of either party. The parties shall bear equally the cost of the arbitration (except that the prevailing party shall be entitled to an award of reasonable attorneys’ fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator). All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Notwithstanding this, application may be made to any court for a judicial acceptance of the award or order of enforcement. Under no circumstances shall the arbitrator be authorized to award damages, remedies or awards that conflict with these Terms. Any claims brought by you or us must be brought in that party’s individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by these Terms. You hereby waive any and all rights to bring any claims related to these Terms and/or our Privacy Policy as a plaintiff or class member in any purported class or representative proceeding. You may bring claims only on your own behalf. You may opt out of this agreement to arbitrate. If you do so, neither you nor we can require the other to participate in an arbitration proceeding. To opt out, you must notify us in writing within thirty (30) days after the date that you first became subject to this arbitration provision. The opt out notice must state that you do not agree to the Agreement To Arbitrate and must include your name, address, phone number, your URI account to which the opt out applies and a clear statement that you want to opt out of this agreement to arbitrate. You must sign the opt out notice for it to be effective. This procedure is the only way you can opt out of the Agreement to Arbitrate. You must use this address to opt out: User Research International, Inc 17602 NE Union Hill Rd. Redmond, WA 98052 Notwithstanding any provision in these Terms to the contrary, you and we agree that if we make any change to the Arbitration Procedures (other than a change to any notice address or Site link provided herein) in the future, that change shall not apply to any claim that was filed in a legal proceeding against us prior to the effective date of the change. Moreover, if we seek to terminate the Arbitration Procedures from these Terms, such termination shall not be effective until thirty (30) days after the version of these Terms not containing the Arbitration Procedures is posted to our Site, and shall not be effective as to any claim that was filed in a legal proceeding against us prior to the effective date of removal. In accordance with Section 26, this agreement to arbitrate will survive the termination of your relationship with us.
You may not assign or transfer your rights or obligations under these Terms in whole or in part to any third party without our written consent. These Terms shall bind and inure to the benefit of the parties to these Terms and their respective successors, permitted transferees and permitted assigns. We and you are independent contractors and are not partners, joint venturers, agents, employees or representatives of the other party. These Terms contain the entire understanding of the parties with respect to the transactions and matters contemplated herein, and supersede and replace all previous communications, understandings and agreements (whether oral or written) other than any nondisclosure agreement, click-through or end user license agreement provided by us, and cannot be amended except by a writing signed by both parties or by our posting of an amended version of these Terms on our Site. The headings and captions used in these Terms are used for convenience only and are not to be considered in construing or interpreting these Terms. If any part of these Terms is held to be unlawful, void or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions. The failure of URI to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
Our Services may be made available to individuals who are under 18 years of age on a case-by-case basis. If you are under the age of 18, by using our Services, you represent and warrant that you are accompanied by a parent or guardian during all uses of the Services and have parent or guardian permission for the use of the Services. If you are a resident of the European Economic Area, you must be at least the age of consent under Article 8 of GDPR. If you are a parent or guardian and you discover that your child has created an unauthorized account on our Services, please contact us immediately at info@uriux.com regarding such unauthorized account.
If you have any questions about these Terms, please contact us at 17602 NE Union Hill Rd Redmond, WA 98052, or via info@uriux.com.
User Research International
+1 425 242 8030
17602 NE Union Hill Road
Redmond, WA 98052
ProjectRequest@uriux.com
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